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Retained rights of residence refused

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

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Monmari
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Posts: 10
Joined: Fri Jul 13, 2018 6:04 am
United Kingdom

Retained rights of residence refused

Post by Monmari » Fri Jul 13, 2018 6:56 am

Ps I am so confused here. My friend applied for PR and I was refused last year. She got married to a German man for 3years. In 2011 they came to the UK, and after one year they fill for divorced. She was given 5years residence for EEA National. So she has stayed in the UK for 5years and she applied for PR and was refused, the reason is that she has to provide her ex-partner payslip. The ex-partner is no where to be found. So her solicitor advice her that she will be free to apply on her own next year. Ps is this true? She has been so confused. Her visa will expire by next year Dec.
Ps dear house I need your advice on what she can do. She has been so down and confused, why must HO demand for ex-partner payslip?

OlaDPounds
Member
Posts: 148
Joined: Sat Dec 22, 2012 9:04 pm
Location: London
United Kingdom

Re: Retained rights of residence refused

Post by OlaDPounds » Fri Jul 13, 2018 12:16 pm

Monmari wrote:
Fri Jul 13, 2018 6:56 am
Ps I am so confused here. My friend applied for PR and I was refused last year. She got married to a German man for 3years. In 2011 they came to the UK, and after one year they fill for divorced. She was given 5years residence for EEA National. So she has stayed in the UK for 5years and she applied for PR and was refused, the reason is that she has to provide her ex-partner payslip. The ex-partner is no where to be found. So her solicitor advice her that she will be free to apply on her own next year. Ps is this true? She has been so confused. Her visa will expire by next year Dec.
Ps dear house I need your advice on what she can do. She has been so down and confused, why must HO demand for ex-partner payslip?
Hi Monmaeri,

how long did they both lived together in the UK and how long did it take to get the decree absolute?

The HO can be very cruel with stupid decisions.
Life is a race so run it well

Monmari
Newly Registered
Posts: 10
Joined: Fri Jul 13, 2018 6:04 am
United Kingdom

Re: Retained rights of residence refused

Post by Monmari » Fri Jul 13, 2018 4:59 pm

@0la pound. They stayed in the UK for one year. They av been married in Germany for three or four years. They fill for the divorce and it was dissolved and she got a stamp of residence family of EEA Nation issued on Dec 2014 and will expire by next year 2019.

Ps any advice on what she can do to get her permanent resident here in UK.
Sorry I am new on the forum and I am still learning how to reply and quote.

vinny
Moderator
Posts: 33322
Joined: Tue Sep 25, 2007 8:58 pm

Re: Retained rights of residence refused

Post by vinny » Fri Jul 13, 2018 7:24 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Retained rights of residence refused

Post by Richard W » Fri Jul 13, 2018 9:04 pm

Monmari wrote:
Fri Jul 13, 2018 6:56 am
So she has stayed in the UK for 5years and she applied for PR and was refused, the reason is that she has to provide her ex-partner payslip.
She needs to show that he was still working when divorce proceedings started.

Monmari
Newly Registered
Posts: 10
Joined: Fri Jul 13, 2018 6:04 am
United Kingdom

Re: Retained rights of residence refused

Post by Monmari » Sat Jul 14, 2018 3:47 am

Richard W wrote:
Fri Jul 13, 2018 9:04 pm
Monmari wrote:
Fri Jul 13, 2018 6:56 am
So she has stayed in the UK for 5years and she applied for PR and was refused, the reason is that she has to provide her ex-partner payslip.
She needs to show that he was still working when divorce proceedings started.
Since she is unable to find her ex partner, what can she do?

OlaDPounds
Member
Posts: 148
Joined: Sat Dec 22, 2012 9:04 pm
Location: London
United Kingdom

Re: Retained rights of residence refused

Post by OlaDPounds » Sun Jul 15, 2018 5:13 pm

Monmari wrote:
Sat Jul 14, 2018 3:47 am
Richard W wrote:
Fri Jul 13, 2018 9:04 pm
Monmari wrote:
Fri Jul 13, 2018 6:56 am
So she has stayed in the UK for 5years and she applied for PR and was refused, the reason is that she has to provide her ex-partner payslip.
She needs to show that he was still working when divorce proceedings started.
Since she is unable to find her ex partner, what can she do?

yes she needs to demonstrate he was exercising treaty right throughout the period till the date decree absolute was issued.

It is a difficult position but I will suggest if she can cleverly request for his work history record from the hmrc if she knows little about his N.I and but of information about his job at the time if not she will need to instruct a trace company to locate her ex partner and that is down to if she and her ex divorced on a good term or not
Life is a race so run it well

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