Retain Rights Of Residence after divorce Please help....

[Hayaan411]

Hi All,
First of all i would like to say thanks to all of you who provide support and bunch of information to every single person who use this platform. I been visiting here last three 4 years and first time I am going to post.This platform helped me a lot on that time when I applied EEA2 in 2012 and successfully granted RC till 2018. But now unfortunately circumstances suddenly changed which I never expect so I came here and need a help from you guys once again I hope on this platform a lot of people having broad knowledge and can expect a good suggestion. following are my time line .

1: Married Dec-2012
2:RC issued :May-2013 till-April-2018
3:Lived together till Nov-2015
Now things getting worse and worse we been sepertd since Nov-2005
Now I am going to apply for Divorce But my question is Am i eligble to apply ROR?
I am working since Sep-2013 till present.Have all my pay slips . P60 etc...But I am confuse about her treaty rights as she was working when i applied first RC but she stop working after 6 months of marriage. Now she start again in March-2016 and now she is working. I haven't applied for divorce yet .This is all about now what you think If I apply for ROR is that any possibility to get another RC? I am countinously working since Sep-2013.Please help me

[noajthan]

If still married you could shoot directly for confirmation of PR sometime on or after December 2017 if sponsor/spouse has exercised treaty rights continuously.
(And if she did not its unclear what basis you have had to remain in UK).

What is timeline of spouse's activity in UK since marriage?
is it really: not working from 2013 (?) through to 2016?
- what else did spouse do?

For spouse, is there any period of study (with CSI etc)?
Any period of self-sufficiency (again with CSI in place)?

Good luck.

[Carling40]

Hi All,
First of all i would like to say thanks to all of you who provide support and bunch of information to every single person who use this platform. I been visiting here last three 4 years and first time I am going to post.This platform helped me a lot on that time when I applied EEA2 in 2012 and successfully granted RC till 2018. But now unfortunately circumstances suddenly changed which I never expect so I came here and need a help from you guys once again I hope on this platform a lot of people having broad knowledge and can expect a good suggestion. following are my time line .

1: Married Dec-2012
2:RC issued :May-2013 till-April-2018
3:Lived together till Nov-2015
Now things getting worse and worse we been sepertd since Nov-2005
Now I am going to apply for Divorce But my question is Am i eligble to apply ROR?
I am working since Sep-2013 till present.Have all my pay slips . P60 etc...But I am confuse about her treaty rights as she was working when i applied first RC but she stop working after 6 months of marriage. Now she start again in March-2016 and now she is working. I haven't applied for divorce yet .This is all about now what you think If I apply for ROR is that any possibility to get another RC? I am countinously working since Sep-2013.Please help me

Hi
Based on your marriage, you acquire PR in December 2017 if you initiate divorce now your probably best of applying for ROR with the potential of a Brexit. I think you also need to check if the gap in employment to be sure there's no break in treaty rights till divorce.
Alternatively (best option) you save your marriage and apply based on 5 years treaty rights and continuos residence in December 2017 still unclear what happens if there's a Brexit

See this also https://tribunalsdecisions.service.gov.uk/utiac/37529

[Hayaan411]

Thank you Very much for promptly reply.

Actually she went to her country back for while after 1 year of marriage as her son was admitted in hospital and then she came back .She worked till Feb-2013. After that she didn't worked any where.And I been granted my first RC on based her previous employment as she were actively exercising her treaty rights that time. When i got my RC she stop working and then I started working till now. We do not have any comprehensive sickness insurance through out the period. She start working again Mach-2016 and she got now permanent contract.I know my situation is very ambigious at this stage. That is the only reason I haven't start initiating of divorce proceeding as I am confuse it is the right time to do this? She had another BF now but on another hands she is willingly help me to sort out my VISA issue but sir problem is treaty rights exercising she is jus started now.
We are still married means more than 3 years now.
We been lived together more than 2 Years.
I am in employment since Jan2013 till now.
I think PR option doesn't gonna click at this stage as I would be failed to demonstrate her treaty rights of whole five years period.If I go with ROR option might be its worthy than PR as logically she would be exercising her treaty rights before divorce and till decree abosolute and I am also working.
What you think Guys.....?

[eea2raheem]

I think the best option is applying for second RC based on retained right of residence route and after 5 years (in 2017) you can apply for PR using same route

All the best
Abdul Raheem

[Hayaan411]

Thank you very much Raheem,
I am also stick to apply Retain Rights of Residents instead of PR but as I mentioned in my above post for me its hard to demonstrate her treaty rights as she just started working in Mar-2016 last month although, I haven't initiate divorce proceeding yet cz I am confuse about it If application refused because failed to prove her treaty rights exercising.Let me put this way.... For example ..As she start working in Mar-2016 and if I start divorce proceeding in June-2016 till end of divorce so If she keep doing work until i get decree absolute.
Then there is any chances to get retain rights??? On other hands I am still working since Jan-2013.
Please suggest me if you can .This is my humble request to all users and specially moderator.