Divorce and Retained right of residence

[Sam_12357]

Hi..we got married in 2011 n now things not working between us so i applied for divorce this month n decress nisi will issue in december..we was living together from marriage but my question is thag i need to show my EU wife treaty rights during divorce process..problem is she working just one day a week these days..so is one day job is ok to prove that she was qualified person during divorce?
Waiting for advice..thanks

[Sam_12357]

Anyone here to guide pls....??

[noajthan]

Hi..we got married in 2011 n now things not working between us so i applied for divorce this month n decress nisi will issue in december..we was living together from marriage but my question is thag i need to show my EU wife treaty rights during divorce process..problem is she working just one day a week these days..so is one day job is ok to prove that she was qualified person during divorce?
Waiting for advice..thanks

See HO guidance on qualified persons.

It describes how officials assess whether an EEA national is a ‘worker':’
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 11+

[Sam_12357]

Hi..we got married in 2011 n now things not working between us so i applied for divorce this month n decress nisi will issue in december..we was living together from marriage but my question is thag i need to show my EU wife treaty rights during divorce process..problem is she working just one day a week these days..so is one day job is ok to prove that she was qualified person during divorce?
Waiting for advice..thanks

See HO guidance on qualified persons.

It describes how officials assess whether an EEA national is a ‘worker':’
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 11+

Thanks for the information..i have another question as i notice that HO taking almost 5 months for Applications & i have to attened my bro wedding which is in may next year so is it possible i submit my application of ROR with decree nisi after 2 weeks & when i get final decree then i can send to HO again with my case refrence number?
Tnxs

[noajthan]

Thanks for the information..i have another question as i notice that HO taking almost 5 months for Applications & i have to attened my bro wedding which is in may next year so is it possible i submit my application of ROR with decree nisi after 2 weeks & when i get final decree then i can send to HO again with my case refrence number?
Tnxs

A decree nisi does not finally end a marriage.
To apply for RoR, the marriage has to be ended (with a divorce, annulment or dissolution).

[Sam_12357]

Thanks for the information..i have another question as i notice that HO taking almost 5 months for Applications & i have to attened my bro wedding which is in may next year so is it possible i submit my application of ROR with decree nisi after 2 weeks & when i get final decree then i can send to HO again with my case refrence number?
Tnxs

A decree nisi does not finally end a marriage.
To apply for RoR, the marriage has to be ended (with a divorce, annulment or dissolution).

Hi.thanks fo your reply...my decree nisi is issued and like i said i want to travel to my country for bro wedding..my decree absolute is pending in first week of february so can i go to my country and come back after one week and then get final decree?i mean HO wont make issue that during divorce u left UK for one week?
Tnxs

[Wise]

Yes you can travel as long as your ex is still here in UK exercising his/her treaty right and don't forget you are still class as family member until the marriage is finalised.

Even though you don't need to let your partner aware you're travelling because both not in good state of relationship anyway.

[Sam_12357]

Yes you can travel as long as your ex is still here in UK exercising his/her treaty right and don't forget you are still class as family member until the marriage is finalised.

Even though you don't need to let your partner aware you're travelling because both not in good state of relationship anyway.

Hi.tnxs for your answer but there r few questions in my mind that HO wont refuse the Ror application with this reason that during divorce i was out of country for one or two week?& second question is what i have to say to immigration officer on airport about my wife when i come back?Im scared to leave uk because last time when i came they detained me for few hours and after doing interview with my wife they let me come out & they did same second time aswell but that time me and my wife Was coming back from holidays so they didnt ask too many questions..tnxs

[Wise]

My humble advice to you will be do not travel because of what you have said, any time you're in any airport in UK when your details is check it will flag up again some of the time you have being questioned and to me its just from the first immigration officer that approach you that started the mess.

[Sam_12357]

My humble advice to you will be do not travel because of what you have said, any time you're in any airport in UK when your details is check it will flag up again some of the time you have being questioned and to me its just from the first immigration officer that approach you that started the mess.

Hi.tnxs for your humble advice.Im reading alot on this wonderful site that many Ror applications got refused because EEA national was not working during divorce. I know my partner working part time but im just scared that when HO call her boss to confirm her job then maybe his response wont b good bcoz he is rude person so i also bought CSI insurance policy to show as a self sufficient if something goes wrong...do you think buying CSI will help?i know I asked stupid questions but your answers can make me feel good..tnxs

[Sam_12357]

My humble advice to you will be do not travel because of what you have said, any time you're in any airport in UK when your details is check it will flag up again some of the time you have being questioned and to me its just from the first immigration officer that approach you that started the mess.

Hi.tnxs for your humble advice.Im reading alot on this wonderful site that many Ror applications got refused because EEA national was not working during divorce. I know my partner working part time but im just scared that when HO call her boss to confirm her job then maybe his response wont b good bcoz he is rude person so i also bought CSI insurance policy to show as a self sufficient if something goes wrong...do you think buying CSI will help?i know I asked stupid questions but your answers can make me feel good..tnxs

Cmon senior memebers of this site.. Give some advice or hope that's why you are here to help ppl.

[Casa]

Members, including moderators are under no obligation to answer and your remark 'that's why you are here' isn't likely to encourage anyone to respond.
You may want to consider that just because someone is a 'senior' member, it doesn't necessarily mean that they have a solution to your situation. I don't.
Both noajthan and wise have been advising you.

[Wise]

Don't complicate your case. Why do you buy CSI when you said your half is working and besides do you actually understand how self sufficient works if not stick with part time job you new she was doing and forget about if HO call the employer. Do you print the wage slip/P45 etc youself or why are you so worried if HO call the employer, even if the so call employer sound rude your application can still be decided by the available treaty right in front of your caseworker.

[Sam_12357]

Members, including moderators are under no obligation to answer and your remark 'that's why you are here' isn't likely to encourage anyone to respond.
You may want to consider that just because someone is a 'senior' member, it doesn't necessarily mean that they have a solution to your situation. I don't.
Both noajthan and wise have been advising you.

Mr casa im going through rough time so a bit stressed anyway I apologise you just understood me wrong..

[Sam_12357]

Don't complicate your case. Why do you buy CSI when you said your half is working and besides do you actually understand how self sufficient works if not stick with part time job you new she was doing and forget about if HO call the employer. Do you print the wage slip/P45 etc youself or why are you so worried if HO call the employer, even if the so call employer sound rude your application can still be decided by the available treaty right in front of your caseworker.

I think for self sufficient EEA national should have access to money so we are using joint account from 5 years.i dont print pay slips etc haha im not accountant..Bought CSI bcoz im self employed & drive cab so i think i need it..can you tell me what documents i have to send as a self employed after divorce?Tnxs

[Sam_12357]

Don't complicate your case. Why do you buy CSI when you said your half is working and besides do you actually understand how self sufficient works if not stick with part time job you new she was doing and forget about if HO call the employer. Do you print the wage slip/P45 etc youself or why are you so worried if HO call the employer, even if the so call employer sound rude your application can still be decided by the available treaty right in front of your caseworker.

Hi.can you pls tell me the email id of HO for european enquiries?i tried my best to find it but couldnt. ????

[Sam_12357]

Don't complicate your case. Why do you buy CSI when you said your half is working and besides do you actually understand how self sufficient works if not stick with part time job you new she was doing and forget about if HO call the employer. Do you print the wage slip/P45 etc youself or why are you so worried if HO call the employer, even if the so call employer sound rude your application can still be decided by the available treaty right in front of your caseworker.

hi wise..my decree of nisi is issued but my EU partner is going on holidays to her country for one month so what shall I do?shall i wait for her to come back and then get decree abslute ?second question is HO wont make issue that during divorce EU left country for one month and she was not exercise treaty rights for one month etc??...waiting to hear from you.tnxs

[Wise]

Your ex can travel for six Month maximum under EU law the one Month travel has nothing to do with HO . you don't need your ex to be here to apply for decree absolute. You can apply without her. Once you apply both of you will be sent a copy each

[Sam_12357]

Your ex can travel for six Month maximum under EU law the one Month travel has nothing to do with HO . you don't need your ex to be here to apply for decree absolute. You can apply without her. Once you apply both of you will be sent a copy each

Yes tnxs for reply but i read that EU must be in UK when divorce is finalised i mean on the date of decree absolute issued & second thing is my partner dont want divorce and she want to b back with me but im confused bcoz i feel we dont have future together..if i take my divorce petition back and in future when i apply permanent card as a family member of EU then Shall i inform to HO that once i applied for divorce but then we sort out things and we didn't divorce that time?can HO make any objection about this divorce petition in future when i apply for permanent or ROR with new divorce petition?

[Wise]

Firstly ,
Home office doesn't have anything to do with your divorce issues as these are personal decision , either you prove to be a family member of an EU or not through divorce that is what they are after. As long as your ex has signed the petition without any challenge you will be fine.

Secondly , once nisi has been issued and both of you are not ask to attend court, next thing is to finalise your case and they will write you when you need to apply for your absolute decree. Also once you apply it will be sent to both of you even if your EEA is still away..

Good luck.

[Sam_12357]

Firstly ,
Home office doesn't have anything to do with your divorce issues as these are personal decision , either you prove to be a family member of an EU or not through divorce that is what they are after. As long as your ex has signed the petition without any challenge you will be fine.

Secondly , once nisi has been issued and both of you are not ask to attend court, next thing is to finalise your case and they will write you when you need to apply for your absolute decree. Also once you apply it will be sent to both of you even if your EEA is still away..

Good luck.

Hi wise..well i have question about maternity leave..one of my EEA national friend is 6 month pregnant but she stoped working now and after giving birth in may she will start working in september and in janaury 17 she gonna apply for pr card..my question is how can she b qualified person during 02/16 till 08/16 bcoz she not getting maternity leave from her employer and she may dont return to same job in 09/16...can she b qualified as a self sufficient with CSI?

[Sam_12357]

Firstly ,
Home office doesn't have anything to do with your divorce issues as these are personal decision , either you prove to be a family member of an EU or not through divorce that is what they are after. As long as your ex has signed the petition without any challenge you will be fine.

Secondly , once nisi has been issued and both of you are not ask to attend court, next thing is to finalise your case and they will write you when you need to apply for your absolute decree. Also once you apply it will be sent to both of you even if your EEA is still away..

Good luck.

Hi wise..well i have question about maternity leave..one of my EEA national friend is 6 month pregnant but she stoped working now and after giving birth in may she will start working in september and in janaury 17 she gonna apply for pr card..my question is how can she b qualified person during 02/16 till 08/16 bcoz she not getting maternity leave from her employer and she may dont return to same job in 09/16...can she b qualified as a self sufficient with CSI?

Hi.can please someone give advice on that question?tnxs