retained right of residence and ILR

[ikalee31]

Hi guys
Wonder if you could clarify few things for me if you've ever been in this situation before.
I got a divorce from an eu member in may 2012 which is 3,5 years since we got married. We lived together all that time. After divorce i applied for the right to retain uk residence and i got another spouse visa for 5 years.

I want to apply for ILR now but am not sure how long i'd need to be here and under what category to qualify for this. 5 years of my presence here on a spouse visa will expire December 2013.

PS: one of my concerns is that every time i get back into the uk i'm being thoroughly questioned about my marriage and immigration officers seem to be surprised why i do have a spouse visa being in divorce....

Also i do think it might create problems for me in the future applying for any other visas as in fact i am divorced but on visa it says i'm still married....

Any advice will be much appreciated.


Thank you.

[ikalee31]

I also am not sure when i can apply for ILR, information on websites is so different: on some they say i have to be here for 5 years since the date of marriage to be eligible for ILR, some say i need to be here for 5 years from the date my first spouse visa was issued.... aaaa

[Obie]

By December of this year you will qualify for Permanent residence. Provided you can show that your wife was execising treaty rights from December 2008 when you married.

The regulation has been changed so that the endorsement for people who retained right of residence clearly states this.

[ikalee31]

Thanks for this. I'm a female and was talking about my husband who i divorced.


So from what you are saying Obie i understand that i qualify to apply. But do i qualify coz it's gonna be 5 years since the date of the marriage registration? Coz if i count from the date when i got my first Residence document of a family member of an eea national then i will have to start counting from April 2011... It took Immigration offices nearly 1,5 years to issue me one!!!


This moment is a bit unclear.


Many thanks in advance.

[askmeplz82]

Thanks for this. I'm a female and was talking about my husband who i divorced.


So from what you are saying Obie i understand that i qualify to apply. But do i qualify coz it's gonna be 5 years since the date of the marriage registration? Coz if i count from the date when i got my first Residence document of a family member of an eea national then i will have to start counting from April 2011... It took Immigration offices nearly 1,5 years to issue me one!!!


This moment is a bit unclear.


Many thanks in advance.

you qualify because 5 years count from the MARRIAGE DATE

if you have married in Jan 2009 then Jan 2014 it's 5 years.

[ikalee31]

askmeplz82 thanks for reassurance Just to confirm again it's 5 years from date of marriage and it does not matter we divorced after 3,5 years of being together?

[askmeplz82]

askmeplz82 thanks for reassurance Just to confirm again it's 5 years from date of marriage and it does not matter we divorced after 3,5 years of being together?

The marriage should have lasted for at least three years immediately before the divorce process started; so that's why you retained the right and home office issued you another 5 years


You should be working, self employed after divorce till you submit PR application

but still you need to send your EX EEA family member exercising treaty right till your divorce finalised

so, Your EX treaty right before divorce + your treaty right after divorce

[ikalee31]

Hi again.

Are applications for ILR from those who have retained right for residence treated differently from those who just have normal residence cards of family members of eea nationals? Is there any sort of prejudgement?

Will there be any additional requirements and is anybody aware of any additional papers that might be required for successful outcome?


Many thanks in advance.

[askmeplz82]

Please have a look at this thread :

http://www.immigrationboards.com/viewto ... highlight=


By the way you are applying PR ( permanent resident ) don't confuse with ILR ( indefinite leave to remain )

PR is under EU immgration route and ILR under UK immigration route


You can apply for PR next year :

if you have all the documents of your EX exercising treaty right from the date of marriage --- May 2012 if you two married in the UK and and your exercising treaty right after May 2012

or

if you married outside UK then Ex ( EU national ) exercising treaty right after your arriving in the UK --- May 2012 and your exercising treaty right after May 2012


PR in May 2017 :

you can apply again on your own right 5 years after divorce by showing your exercising treaty right in the UK for 5 years

[ikalee31]

hanks for the link - it's very useful.

Well, i was not truly aware of the difference between PR and ILR so this comes as a surprise for me.

I do have a solicitor that dealt with my marriage paperwork at the beginning (2008-2009), but then we lost connections.I do wanna go back to the same firm but before i do that just wanna check what i could expect at the end. I briefly spoke to the reception lady from that firm the other day and she advised me that (she thinks) i can only apply for PR/ILR after 5 years of being under retained residence!!( which is not until 2017!!!! ).
If this is the case then i'm gonna be in absolute despair coz by 2017 it will be 10 years since i've been in uk permanently and tried to settle down. oh man...

i'm really relieved from one side after what i've read under that link.But on the other side i am embarrassed because retained residence is not a very popular type of residence and not much is being said about it in the books/internet etc......

[Ricardo]

It's the same application as suggested above. You will still use EEA4. You will have to submit your ex documents from marriage to divorce date + your documents for the rest of the 5 years.

[askmeplz82]

hanks for the link - it's very useful.

Well, i was not truly aware of the difference between PR and ILR so this comes as a surprise for me.

I do have a solicitor that dealt with my marriage paperwork at the beginning (2008-2009), but then we lost connections.I do wanna go back to the same firm but before i do that just wanna check what i could expect at the end. I briefly spoke to the reception lady from that firm the other day and she advised me that (she thinks) i can only apply for PR/ILR after 5 years of being under retained residence!!( which is not until 2017!!!! ).
If this is the case then i'm gonna be in absolute despair coz by 2017 it will be 10 years since i've been in uk permanently and tried to settle down. oh man...

i'm really relieved from one side after what i've read under that link.But on the other side i am embarrassed because retained residence is not a very popular type of residence and not much is being said about it in the books/internet etc......

Well PR is little complicated then Retained right of residence

for retained right of residence home office may only look at

- duration of marriage ( if it's 3 years )
- residence in the UK ( minimum 1 year )
- and if EEA national was a qualified resident during divorce finalised

but for PR you have prove that EEA ( your EX ) was qualified resident from marriage --- divorce finalised which many people find it hard get because not all the ex are cooperative after divorce


good news is You have 2 options : 2014 or 2017

[ikalee31]

askmeplz82 thank you for this extended bit of info.

Also found this link with similar to my situation(in a way):http://www.immigrationboards.com/viewtopic.php?t=148093

I must be a lucky one as we managed to keep on good terms till today and he does not mind at all even though has another family and all the following consequences.

He did not even bother to take all his paperwork with him (needed for applications etc). I have it all up until the month we got divorced.

I guess i shouldn't be naive enough to apply for PR on my own as i feel that a qualified help would work out better for me.

Therefore is anybody aware of firm/s that do specialise with working on retained residence cases in particular? London would be a preferable location...

Cheers.

[ikalee31]

Hi there
In the light of new circumstances and my desire to apply for PR i'd like to add more info which can throw more light on my case.

1. Just after marriage in Dec 2008 me and my husband applied: me-for residence stamp (eea1), him-eea2. After few months wait i was refused to have fmrs due to my husband not exercising treaty rights(the gap in employment was 32 days once...). After i got advice from solicitor we decided to wait for my husband to have another fresh wrs and apply then. So after a little wait we applied again and in April 2010 i got Family Member of A8 national on the worker registration scheme status. In April 2011 i got a residence card of an EEA national and he got his Residence Card for EU national(blue one).

2. More importantly now: When i got a divorce in May 2012 i applied for a retained right using eea2 form. But the letter i got from HO together with my visa in Oct 2012 was the same letter i got when i received my previous visa (At present you only claim to remain in UK as the family of an EEA national who is exercising treaty rights here.etc...) AND NOT A SINGLE WORD ABOUT THE FACT THAT I APPLIED FOR RETENTION OF MY RESIDENCE! looks like the fact i got a divorce (i sent original of decree absolute,filled in all the right sections in eea2 form and attached a covering letter explaining the situation re my divorce, plus all other relevant paperwork) was DISREGARDED and does it mean that HO STILL THINKS I AM MARRIED??Does it mean i have a WRONG TYPE of visa???
I just read that when you apply for retained rights HO normally sends you a letter confirming this status once you get your visa... Well i haven't got it and i am worried as i think it will complicate my whole situation even more....
Any advice on this??
Please help. Much appreciated in advance.

[Jambo]

Hi there
In the light of new circumstances and my desire to apply for PR i'd like to add more info which can throw more light on my case.

1. Just after marriage in Dec 2008 me and my husband applied: me-for residence stamp (eea1), him-eea2. After few months wait i was refused to have fmrs due to my husband not exercising treaty rights(the gap in employment was 32 days once...). After i got advice from solicitor we decided to wait for my husband to have another fresh wrs and apply then. So after a little wait we applied again and in April 2010 i got Family Member of A8 national on the worker registration scheme status. In April 2011 i got a residence card of an EEA national and he got his Residence Card for EU national(blue one).

2. More importantly now: When i got a divorce in May 2012 i applied for a retained right using eea2 form. But the letter i got from HO together with my visa in Oct 2012 was the same letter i got when i received my previous visa (At present you only claim to remain in UK as the family of an EEA national who is exercising treaty rights here.etc...) AND NOT A SINGLE WORD ABOUT THE FACT THAT I APPLIED FOR RETENTION OF MY RESIDENCE! looks like the fact i got a divorce (i sent original of decree absolute,filled in all the right sections in eea2 form and attached a covering letter explaining the situation re my divorce, plus all other relevant paperwork) was DISREGARDED and does it mean that HO STILL THINKS I AM MARRIED??Does it mean i have a WRONG TYPE of visa???
I just read that when you apply for retained rights HO normally sends you a letter confirming this status once you get your visa... Well i haven't got it and i am worried as i think it will complicate my whole situation even more....
Any advice on this??
Please help. Much appreciated in advance.

This is not uncommon for the HO to send the wrong accompanying letter. You are not the first one it happened to. You can ask the HO to issue the correct letter. I believe that in the HO system, details are recorded correctly.

[ikalee31]

Jumbo: thanks for this.
But can i apply for PR on the grounds that it will be 5 yrs this Dec since the DATE OF MARRIAGE disregarding the fact that when i applied for frms first time i got refusal cos my husband was not exercising treaty rights etc (we had to appeal the decision as there were a lot of tech mistakes in the reasons of refusal letter but still didn't win it as there was a 32 (32!!) days gap once in his employment).
Will this little court issue come to light while processing and making the decision regarding my PR? OR as always will it depend on the "mood" of the case worker.....

I'd like to take a risk and apply for PR as judging by everything i heard and read, i could... At the end of the day it will only cost me £55 but i'm feared to get a refusal and be asked to leave the country or something just coz some caseworker didn't consider my application properly....


Cheers.

[Jambo]

Jumbo: thanks for this.
But can i apply for PR on the grounds that it will be 5 yrs this Dec since the DATE OF MARRIAGE disregarding the fact that when i applied for frms first time i got refusal cos my husband was not exercising treaty rights etc (we had to appeal the decision as there were a lot of tech mistakes in the reasons of refusal letter but still didn't win it as there was a 32 (32!!) days gap once in his employment).
Will this little court issue come to light while processing and making the decision regarding my PR? OR as always will it depend on the "mood" of the case worker.....

I'd like to take a risk and apply for PR as judging by everything i heard and read, i could... At the end of the day it will only cost me £55 but i'm feared to get a refusal and be asked to leave the country or something just coz some caseworker didn't consider my application properly....


Cheers.

Your previous refusal would be in your file in the HO systems. so the caseworker would be aware of it. Unfortunately, breaks over 30 days in employment reset the clock for the 1 years so the decision was correct.

I don't see much point in applying for something you don't qualify yet just on the basis the HO might make mistake and confirm the PR.

[ikalee31]

But still not clear whether i can apply for PR independently.... I do have proofs of being self sufficient from Dec 2008 till today (5 years on). Will they still base the decision on my ex issue at that time?


Many thanks.

[askmeplz82]

But still not clear whether i can apply for PR independently.... I do have proofs of being self sufficient from Dec 2008 till today (5 years on). Will they still base the decision on my ex issue at that time?


Many thanks.

Self sufficient : evidence you have sufficient funds to maintain You and your EEA member for the period of their residence in the UK

+ Comprehensive health insurance

[Jambo]

To qualify for PR now you will need to demonstrate that the EEA national exercised treaty rights up until the divorce and that you exercised treaty rights since the divorce. Your activities before the divorce are irrelevant.

If you want to soley rely on your activities you will need to wait for 5 years after the divorce.

[ikalee31]

[

quote="Jambo"]To qualify for PR now you will need to demonstrate that the EEA national exercised treaty rights up until the divorce and that you exercised treaty rights since the divorce. Your activities before the divorce are irrelevant.

What sort of paperwork will i need to present to HO for my ex then?: I founds this definition:
In accordance with the Immigration (European Economic Area) Regulations 2006 and are 'exercising Treaty rights' in the UK you are said to be exercising Treaty rights if you are:

employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.

It does not indicate the 30 days gap in employment. Does this mean i can just send whatever?:

-will his payslips/p60s/bankstatements do?

-or does it need to be bills/tenancy agreements/etc?

-there are some periods of his paperwork missing though from when we sent our applications ee1 and ee2 when HO didn't bother to send it back.. Will they have it on file?


Thanks.

-

[askmeplz82]

[

quote="Jambo"]To qualify for PR now you will need to demonstrate that the EEA national exercised treaty rights up until the divorce and that you exercised treaty rights since the divorce. Your activities before the divorce are irrelevant.

What sort of paperwork will i need to present to HO for my ex then?: I founds this definition:
In accordance with the Immigration (European Economic Area) Regulations 2006 and are 'exercising Treaty rights' in the UK you are said to be exercising Treaty rights if you are:

employed or self-employed; or
studying; or
economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
a jobseeker; or
retired; or
someone who has had to cease working in the UK owing to permanent incapacity.

It does not indicate the 30 days gap in employment. Does this mean i can just send whatever?:

-will his payslips/p60s/bankstatements do?

-or does it need to be bills/tenancy agreements/etc?

-there are some periods of his paperwork missing though from when we sent our applications ee1 and ee2 when HO didn't bother to send it back.. Will they have it on file?


Thanks.

-

I think GURU was saying 30 days gap under WRS. You EEA family is from A8 national so they normally required to work continuously for 1 year ( break allowed maximum 30 days ) then they are issued EEA1 if they have applied for one


are you applying for PR ? If yes then p60 / payslip / letter from the EEA national employer and also his proof of residence in the UK for 5 years. You don't need to send Bank statement for every month just 3/4 every year ( jan, May, Aug, Dec )

He can always ask Inland revenue to send a copy for his TAX record for last 5 years

[myth_w]

Hi all,
i found this forum very useful.all participants are very co operative.
so just jumped in the pool to share my opinions and questions.
i have been following many threads about Retained Right of Residence.a question flagged in my mind
about applying for PR after ROR.
Its quite clear now that 5 years residency period will be calculated from the Date of Marriage.
that includes period of divorce(from applying untill Decree Absolute issued)+processing time of ROR application.So as soon 5 years completed,One can apply for PR.
in order to be a qualified person EU national employment status counts,Not the Non Eu national's one.
thats untill Divorced finalised.
after Divorce Non EU has to provide His/Her proof of employment from the Date of Divorce untill
applying for PR.(End of 5th year).
Now the question is :
why Non EU national has to provide 5*P60 in order to proof his/her 5 years emploment,while his/her employment was irrelevant before Divorce.
Non EU has already provided his/her EU partner employment history when applying for ROR.
after ROR he/she only needs to provide his/her employment proof.Thats from the Date of Divorce untill applying for PR.
ANY opinion on my analysis ...?
please welcome
thanks again

[myth_w]

following my previous post about ROR,
here's another Question:
what does 32 Days gap in employment means?
i go out of UK for 3 months,would that be considered gap or just a Holidays?
Looking forward to hear soon from you Guys.
Thanks

[eearor]

following my previous post about ROR,
here's another Question:
what does 32 Days gap in employment means?
i go out of UK for 3 months,would that be considered gap or just a Holidays?
Looking forward to hear soon from you Guys.
Thanks

Hi, i am in similar situation. What did you apply ? ILr or PR? Help me out please