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Retain Residence after divorce

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Retain Residence after divorce

Post by pains » Fri Nov 13, 2015 12:52 pm

Please need some help really need ...
please moderators help me

I've my application returned day before yesterday saying no evidence that im working after divorce. a part of it was all good.
im noon eea i do hold a RC visa but i divorced in may after almost 4yrs married ...
what i should do? Im current registered as a self-employed got all taxes paid and tax return done
what happen now? i will loose my visa,can't retain it?

Annebee
Junior Member
Posts: 91
Joined: Thu Mar 12, 2015 7:30 am

Re: Retain Residence after divorce

Post by Annebee » Fri Nov 13, 2015 1:27 pm

pains wrote:Please need some help really need ...
please moderators help me

I've my application returned day before yesterday saying no evidence that im working after divorce. a part of it was all good.
im noon eea i do hold a RC visa but i divorced in may after almost 4yrs married ...
what i should do? Im current registered as a self-employed got all taxes paid and tax return done
what happen now? i will loose my visa,can't retain it?

Was a letter of refusal included in the return pack or just a notification of incomplete supporting documentation?

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Fri Nov 13, 2015 2:39 pm

Annebee wrote:
pains wrote:Please need some help really need ...
please moderators help me

I've my application returned day before yesterday saying no evidence that im working after divorce. a part of it was all good.
im noon eea i do hold a RC visa but i divorced in may after almost 4yrs married ...
what i should do? Im current registered as a self-employed got all taxes paid and tax return done
what happen now? i will loose my visa,can't retain it?

Was a letter of refusal included in the return pack or just a notification of incomplete supporting documentation?
They send my application back saying that they can't see much evidence that im working
after my divorce which happen in may. they didn't send any later to leave the country.

Annebee
Junior Member
Posts: 91
Joined: Thu Mar 12, 2015 7:30 am

Re: Retain Residence after divorce

Post by Annebee » Fri Nov 13, 2015 3:34 pm

pains wrote:
Annebee wrote:
pains wrote:Please need some help really need ...
please moderators help me

I've my application returned day before yesterday saying no evidence that im working after divorce. a part of it was all good.
im noon eea i do hold a RC visa but i divorced in may after almost 4yrs married ...
what i should do? Im current registered as a self-employed got all taxes paid and tax return done
what happen now? i will loose my visa,can't retain it?

Was a letter of refusal included in the return pack or just a notification of incomplete supporting documentation?
They send my application back saying that they can't see much evidence that im working
after my divorce which happen in may. they didn't send any later to leave the country.
Send in another application including documents that proves you are a qualified person after divorce. In your case will be evidence of self employment .

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Fri Nov 13, 2015 5:08 pm

Hi thanks for help me on it....

what i need include on another application to prove it ? I've my tax return and invoices to prove income
on my account. what else do i need send to them? I may loose my right of relation due for it loosing my RC? also it will take more 6 months?

Wise
BANNED
Posts: 462
Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Retain Residence after divorce

Post by Wise » Fri Nov 13, 2015 5:59 pm

Try to be calm.
Just send what you have to them like
Tax payment stuff.
NI contribution payment paper stuff.
Invoices.
Business account may be stronger in your case as a self employed, if not I don't support the issue of sending it. But if you know the entries in that account is not adequate with the tax remittance it will implicate you.
Lastly, your mode of your advertising your business e.g business card and posibly an online advertisement of what you do.

If you check the new for they have included more things to proof you're self employed and that is where HO is trying to use to refuse people who claim to be self employed

I wish you good luck.
Nothing is in possible .
It is really good to help and everyone deserve to be respected in life. Good luck.

Wise
BANNED
Posts: 462
Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Retain Residence after divorce

Post by Wise » Fri Nov 13, 2015 6:04 pm

If you have accountant get letter to prove it and if not state that you don't have it as you do on DIY.
It is really good to help and everyone deserve to be respected in life. Good luck.

Wise
BANNED
Posts: 462
Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Retain Residence after divorce

Post by Wise » Fri Nov 13, 2015 6:57 pm

If you have accountant get letter to prove it and if not state that you don't have it as you do on DIY.
It is really good to help and everyone deserve to be respected in life. Good luck.

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Fri Nov 13, 2015 7:05 pm

Thanks a lot for ur replay...
i already start organize my docs
my account say it will take at list 3 weeks to receive from post
all docs and SA302
those 3 weeks will be too long?
how long it may take when send new application ?

Annebee
Junior Member
Posts: 91
Joined: Thu Mar 12, 2015 7:30 am

Re: Retain Residence after divorce

Post by Annebee » Sat Nov 14, 2015 6:54 am

Ensure you add how you advertise your business. Include evidence that the tax has been paid

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Sun Apr 17, 2016 2:03 pm

Hi everyone,

Did send new app;action on 16 Dez 2015

but didn't take any reply by HO ever since last update was COA .
very anxious as the application just make 4 months.
any advise on it please

Carling40
Member
Posts: 197
Joined: Tue Oct 05, 2010 2:14 am
Australia

Re: Retain Residence after divorce

Post by Carling40 » Sun Apr 17, 2016 2:44 pm

pains wrote:Hi everyone,

Did send new app;action on 16 Dez 2015

but didn't take any reply by HO ever since last update was COA .
very anxious as the application just make 4 months.
any advise on it please
Hi pains
after reapplying in December 2015, did your new COA have right to work? I was just wondering if it does after divorce

thanks

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Sun Apr 17, 2016 3:58 pm

Hi @Carling40,

Yes. i did get my COA with right to work.

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Retain Residence after divorce

Post by Richard W » Sun Apr 17, 2016 5:22 pm

pains wrote:very anxious as the application just make 4 months.
any advise on it please
Residence cards for spouses are currently taking 5 months, so it is not surprising that you have not received yours yet.

Carling40
Member
Posts: 197
Joined: Tue Oct 05, 2010 2:14 am
Australia

Re: Retain Residence after divorce

Post by Carling40 » Sun Apr 17, 2016 5:24 pm

That's good they didn't refuse the application the first time and just sent it back, I take it they returned your passport with your documents?
Most importantly after you reapplied your COA had the right to work to continue supporting yourself.

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Sun Apr 17, 2016 5:36 pm

Carling40 wrote:That's good they didn't refuse the application the first time and just sent it back, I take it they returned your passport with your documents?
Most importantly after you reapplied your COA had the right to work to continue supporting yourself.

they don't .

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Sun Apr 17, 2016 5:42 pm

Richard W wrote:
pains wrote:very anxious as the application just make 4 months.
any advise on it please
Residence cards for spouses are currently taking 5 months, so it is not surprising that you have not received yours yet.

Can you pls , let me know if i can apply for PR, counting from the date that i did get married in July of 2011? when i get this application back from HO

Carling40
Member
Posts: 197
Joined: Tue Oct 05, 2010 2:14 am
Australia

Re: Retain Residence after divorce

Post by Carling40 » Sun Apr 17, 2016 5:47 pm

pains wrote:
Carling40 wrote:That's good they didn't refuse the application the first time and just sent it back, I take it they returned your passport with your documents?
Most importantly after you reapplied your COA had the right to work to continue supporting yourself.

they don't .
Hopefully now that you've provided them with more info, confirmation of PR will be issued, you can start counting PR from date of marriage assuming you can provide evidence of treaty rights of your ex, based on current timelines your looking at May/June since you applied in Dec. Good luck and stay strong

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Tue May 24, 2016 9:33 pm

Hi everyone want to say here a massive thanks for those who been helping me here a lots with a lot information. so THANK YOU ALL
I receive a phone call today from my lower saying that my reapplication to retain my rights has been granted from HO. So happy for it :D :D :D :D

Now Im starting think about PR journey.. Any one please let me know when i can apply for my PR ? My married was in July 2011 , divorce 2015, ROR granted 05/20016 ....

Thank you

pains
Junior Member
Posts: 85
Joined: Tue May 19, 2015 5:13 pm
Brazil

Re: Retain Residence after divorce

Post by pains » Thu May 26, 2016 2:15 am

hi any one can let me know
the above question?

vinny
Moderator
Posts: 32954
Joined: Tue Sep 25, 2007 8:58 pm

Re: Retain Residence after divorce

Post by vinny » Thu May 26, 2016 2:56 am

Carling40 already answered, assuming you married a qualified/PR person while in the UK. July 2016? If you married outside the UK, then it's at least five years from the date of initial entry after marriage.
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