EEA retain rights of residence visa with 5 years extension

[john232]

Hi all,
I am looking for an expert advice if possible as I am very confused with my current status and the letter sent through the HO.
To keep it simple, I am a non EEA citizen who as been in the UK since January 2007. Had a student visa, then a PSW and lately an EEA family card having been married to an EU citizen. Our marriage broke down last year haven't had a lot of problems with our relationship and decree absolute was finally issued towards October 2014. having been married for 3 years before the divorce proceedings and both being employed and living in the UK, I applied in November 2014 for a retain rights of residence which was only granted a week ago, almost 11 months after the application was sent through to the HO.
The HO cancelled my initial family card visa and issued a very similar one expiring on October 2020. This came with a letter stating the below:
"I can advise that, at present, the Home Office have confirmed that your only claim to remain in the United Kingdom is as the family member of a European Economic Area (EEA) national who is exercising Treaty rights here. If your family member decides to leave the United Kingdom or ceases to exercise Treaty rights or if you cease to be a family member, you would have to quality to remain in the United Kingdom in your own right."

I suppose my questions will be:
1. what is my current status now considering they mention I need to qualify to remain in my own right if I cease to be a family member and which is the case and which they should be aware of since i have sent my application stating the divorce and including the decree absolute! ?
2. when will I be able to apply for a PR now since they have cancelled my first visa issued in July 2011?

thanks,
John

[fatimahh]

[quote="john232"]Hi all,
I am looking for an expert advice if possible as I am very confused with my current status and the letter sent through the HO.
To keep it simple, I am a non EEA citizen who as been in the UK since January 2007. Had a student visa, then a PSW and lately an EEA family card having been married to an EU citizen. Our marriage broke down last year haven't had a lot of problems with our relationship and decree absolute was finally issued towards October 2014. having been married for 3 years before the divorce proceedings and both being employed and living in the UK, I applied in November 2014 for a retain rights of residence which was only granted a week ago, almost 11 months after the application was sent through to the HO.
The HO cancelled my initial family card visa and issued a very similar one expiring on October 2020. This came with a letter stating the below:
"I can advise that, at present, the Home Office have confirmed that your only claim to remain in the United Kingdom is as the family member of a European Economic Area (EEA) national who is exercising Treaty rights here. If your family member decides to leave the United Kingdom or ceases to exercise Treaty rights or if you cease to be a family member, you would have to quality to remain in the United Kingdom in your own right."

I suppose my questions will be:
1. what is my current status now considering they mention I need to qualify to remain in my own right if I cease to be a family member and which is the case and which they should be aware of since i have sent my application stating the divorce and including the decree absolute! ?
2. when will I be able to apply for a PR now since they have cancelled my first visa issued in July 2011?

thanks,
John[/quote]

The case worker should have send you 2 letters, the one you mentioned and another one stating you have retained right of residence following divorce.... This is what i received .You can still send the case worker a letter asking for the correct letter, there is example of people who have done so and receive the correct letter in the forum.

[john232]

Oh I see, thanks a lot for the advice, I will get in touch on Monday then.
Sorry for being nosey but Did they also cancel your first family card visa and issue another 5 years?
I have read in different threads that you need to be resident for 5 years, that is the 3 from the initial family card and 2 from the ror one, do you know if this is the case or do you need to fulfil the full 5 years from the ror visa?

[fatimahh]

[quote="john232"]Oh I see, thanks a lot for the advice, I will get in touch on Monday then.
Sorry for being nosey but Did they also cancel your first family card visa and issue another 5 years?
I have read in different threads that you need to be resident for 5 years, that is the 3 from the initial family card and 2 from the ror one, do you know if this is the case or do you need to fulfil the full 5 years from the ror visa?[/quote]

Yes the initial one was canceled and et new 5 years granted. Yes the 5 years are the combination of the years spent as Eea family member until the date of decree absolute plus your own treaty right. You will need to provide youe Ex treaty right and proof of residency during mariage till decree absolute and then your own proof of residency during mariage till date you complete 5years and your own treaty right after decree absolute till the date you complete 5 years.

[john232]

I also read that the 5 years starts from the date of the marriage certificate rather than the date the family card was issued. Nevertheless, I still have almost a year to apply for PR then.
Thanks and good luck with yours

[Sam_12357]

Hi.im going to apply divorce so need ur help..can u tell me pls which documents u send with ur application?can u explain in details pls it will help me alot..thanks

[Sam_12357]

Hi all,
I am looking for an expert advice if possible as I am very confused with my current status and the letter sent through the HO.
To keep it simple, I am a non EEA citizen who as been in the UK since January 2007. Had a student visa, then a PSW and lately an EEA family card having been married to an EU citizen. Our marriage broke down last year haven't had a lot of problems with our relationship and decree absolute was finally issued towards October 2014. having been married for 3 years before the divorce proceedings and both being employed and living in the UK, I applied in November 2014 for a retain rights of residence which was only granted a week ago, almost 11 months after the application was sent through to the HO.
The HO cancelled my initial family card visa and issued a very similar one expiring on October 2020. This came with a letter stating the below:
"I can advise that, at present, the Home Office have confirmed that your only claim to remain in the United Kingdom is as the family member of a European Economic Area (EEA) national who is exercising Treaty rights here. If your family member decides to leave the United Kingdom or ceases to exercise Treaty rights or if you cease to be a family member, you would have to quality to remain in the United Kingdom in your own right."

I suppose my questions will be:
1. what is my current status now considering they mention I need to qualify to remain in my own right if I cease to be a family member and which is the case and which they should be aware of since i have sent my application stating the divorce and including the decree absolute! ?
2. when will I be able to apply for a PR now since they have cancelled my first visa issued in July 2011?

thanks,
John

Hi.im going to apply divorce so need ur help..can u tell me pls which documents u send with ur application?can u explain in details pls it will help me alot..thanks