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Timeline for Right of Retention! !

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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Lexy06
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Posts: 17
Joined: Sun Mar 25, 2018 3:34 pm
Nigeria

Re: Timeline for Right of Retention! !

Post by Lexy06 » Sat Jun 08, 2019 6:34 pm

Lexy06 wrote:
Fri May 04, 2018 3:10 pm
jay.ho wrote:
Wed May 02, 2018 10:51 pm
Lexy06 I applied first time in August 2017 which is refused because I didn't provide the id . Then I apply again in jan and provide my ex id ..

But when I apply for ROR I didn't provide the id and I ROR granted without id.


Regards jay.ho


Hi Jay.ho

Thanks for the response, it is highly useful! pls keep praying for the rest of us

Cheers
ROR Application Submitted without Ex-Spouse ID
Application submitted: 23/02/2018
H.O Application Acknowledgement Email Received: 06/03/2018
Biometric Letter Received: 07/03/2018 Dated 05/03/2018
Biometric Done: 07/03/2018
COA Letter Received: 15/03/2018 Dated 13/03/2018
Documents Received Back With Refusal Letter (No Ex's ID): Received 19/05/2018 Dated17/05/2018
Notice of Appeal Sent to First Tier Tribunal: 23/05/2018
Bundle Submission Deadline For Appellant and Respondent (H.O) 18/07/2018
Respondent (H.O) Bundle Submission: 17/11/2018
First Tier Judge Decision: 28/02/2019
H.O Sent ROR Residence Card in accordance to FTT judge's decision: 12/03/2019 (BRP Card Received)

funmiparded
Newly Registered
Posts: 3
Joined: Fri May 17, 2019 8:10 pm
Mood:
Nigeria

Re: Timeline for Right of Retention! !

Post by funmiparded » Thu Jun 20, 2019 5:41 pm

UK VISIT - MAY 2013
MARRIED EEA NATIONAL - JULY 2014
DIVORCE PROCESS BEGIN - MARCH 2018
DECREE ABSOLUTE - APRIL 2019
Application sent by post : 25/04/2019
Application received: 29/04/2019
Payment taken by card: 30/04/2019
Bio-metric Letter Dated by HO: 2/05/2019 & Received: 10/05/2019
Bio-metric Done: 10/05/2019
COA(Cert of Application) letter issued: 14/05/2019 & Received: 17/05/2019
Documents received: XXXXXXX
NON EEA Permanent/ RETAIN resident card issued: XXXXX

Question is,
Cos I have lived in UK more than 5 years,
1. What status do I get
2. What is the processing time?

Rehman87
Newly Registered
Posts: 6
Joined: Tue Dec 25, 2018 12:38 am
United Kingdom

Re: Timeline for Right of Retention! !

Post by Rehman87 » Sun Jul 28, 2019 10:30 pm

pplication for ROR

Application sent —-24/01/2019

HO received application —- 25/01/2019

Fee taken —- Postal orders

Biometric Done —— 12/02/2019
COA:- 20/02/2019
BRP Received:- 24/07/2019. Best of luck who is waiting.

Valeriya001
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Posts: 5
Joined: Wed Aug 07, 2019 5:19 pm
Russia

Re: Timeline for Right of Retention! !

Post by Valeriya001 » Wed Aug 07, 2019 5:24 pm

Hello everyone.

I am in a process of waiting for my decree nisi and just started contacting the immigration lawyers in relation to my application for a ROR.
I wanted to ask if someone could recommend the lawyer to help them out with application. Currently the cheapest rate I have got was £3.5k plus VAT.
Additionally, if you could advise if someone applied themselves and the application was approved.
I am really stressed out because of it as i do not want to lose my job here in the UK.
Thank you

User avatar
Casa
Moderator
Posts: 25768
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Timeline for Right of Retention! !

Post by Casa » Wed Aug 07, 2019 6:49 pm

Valeriya001 wrote:
Wed Aug 07, 2019 5:24 pm
Hello everyone.

I am in a process of waiting for my decree nisi and just started contacting the immigration lawyers in relation to my application for a ROR.
I wanted to ask if someone could recommend the lawyer to help them out with application. Currently the cheapest rate I have got was £3.5k plus VAT.
Additionally, if you could advise if someone applied themselves and the application was approved.
I am really stressed out because of it as i do not want to lose my job here in the UK.
Thank you
Under the Board Ts&Cs, members are not permitted to post recommendations on the open forum .
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Romy88
Member
Posts: 105
Joined: Mon Jan 21, 2019 1:34 pm
Ukraine

Re: Timeline for Right of Retention! !

Post by Romy88 » Wed Aug 07, 2019 8:17 pm

Valeriya001 wrote:
Wed Aug 07, 2019 5:24 pm
Hello everyone.

I am in a process of waiting for my decree nisi and just started contacting the immigration lawyers in relation to my application for a ROR.
I wanted to ask if someone could recommend the lawyer to help them out with application. Currently the cheapest rate I have got was £3.5k plus VAT.
Additionally, if you could advise if someone applied themselves and the application was approved.
I am really stressed out because of it as i do not want to lose my job here in the UK.
Thank you

Do not waste money on a solicitor. Apply for Settlement Scheme directly.

Valeriya001
Newly Registered
Posts: 5
Joined: Wed Aug 07, 2019 5:19 pm
Russia

Re: Timeline for Right of Retention! !

Post by Valeriya001 » Thu Aug 08, 2019 9:50 am

Romy88 wrote:
Wed Aug 07, 2019 8:17 pm
Valeriya001 wrote:
Wed Aug 07, 2019 5:24 pm
Hello everyone.

I am in a process of waiting for my decree nisi and just started contacting the immigration lawyers in relation to my application for a ROR.
I wanted to ask if someone could recommend the lawyer to help them out with application. Currently the cheapest rate I have got was £3.5k plus VAT.
Additionally, if you could advise if someone applied themselves and the application was approved.
I am really stressed out because of it as i do not want to lose my job here in the UK.
Thank you

Do not waste money on a solicitor. Apply for Settlement Scheme directly.
I do not have 5 years just yet. I was thinking to apply for pre-settled right however as far as i understood after decree absolute i still will have to apply for ROR. is that correct?

Romy88
Member
Posts: 105
Joined: Mon Jan 21, 2019 1:34 pm
Ukraine

Re: Timeline for Right of Retention! !

Post by Romy88 » Fri Aug 09, 2019 8:40 am

I do not have 5 years just yet. - I will get pre-settled status then.

You can apply under category ROR if you lived with your EU spouse at least 1.5 years as married couple in the UK.

As do not have hold divorce paper, you can write covering letter and explain the situation that you are in process of divorce.

Do not waste your money, apply for settled/ pre-settled status online for free.

nikitinae
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Posts: 1
Joined: Wed Feb 15, 2017 8:41 pm

Re: Timeline for Right of Retention! !

Post by nikitinae » Mon Sep 30, 2019 8:29 pm

Hi all!

Thank you so much for sharing your experiences, it is so so helpful!
Sorry this is stupid but how do I actually apply? Is it online? Where do I send the original docs? Thank you!

Orlando101
Newly Registered
Posts: 2
Joined: Sun Nov 03, 2019 8:05 pm
Nigeria

Re: Timeline for Right of Retention! !

Post by Orlando101 » Sun Nov 03, 2019 8:53 pm

JohnDee wrote:
Wed Jan 09, 2019 12:28 am
Hello guys, answer to all of you is below.

1) rubel rashid : mate as soon you get decree absolute you will need to apply for ROR no other option, within two months approx. Not doing so make you loose all rights and trouble starts. :P

2) val2018 : i only sent my employment history one page from HMRC covering last 3yrs and two latest pay slips.
For my parter same one page covering last 2yrs employment history from HMRC, SA302 tax returns for last 2yrs. original marriage and divorce certificate, one tenancy contract + address proof with many posts on both names, joint bank statement for 2yrs for same address, my personal bank statement to show salary coming in and for address proof, 100 pics together, My file was really small with few documents but strong ones.
PR you can only apply once 5yrs completed from the date of marriage.

My solicitor is expensive but really great 8 of my mates all got everything done by him and successful at the end. His covering letter was enough to make case easy to understand got it in first attempt without ID card of EU.. technically i paid for only covering letter as i had all except ID card. PM me for details if require. :P

3)berchuz : Yes its normal, even on mine its written same, as you were married with EU for 3 years you will be considered EU family member for your entire life, now as soon as you complete 5yrs from the date of marriage apply for PR its straight forward and easy. :P
Please in (2) you did mention that one can apply once 5yrs is completed from the date of Marriage, i got married April 2014, applied for visa and was issued Aug 2016 to run out 2021, now going through divorce in 2019 which i have litterally 5yrs in Marriage. Can i apply for PR after my Decree Absolute as been issued? please help

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: Timeline for Right of Retention! !

Post by wish_uk » Mon Nov 04, 2019 1:25 am

Did u apply pre setteled status or normal family member RC under retain right.
married Aug 2014

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Tue Nov 05, 2019 11:53 am

Hello there,

So I'm a NON-EU who was married to an EU national for 3 and half years until the marriage broke down. I was given 5 years EU Family Member Residence Card.

I consulted with a Lawyer and I was told I could apply for Pre-settlement as I have been in the country for 5 years (first 2 years being a student). So my solicitor applied for the pre settlement status right after he received my decree absolute and its been 6 weeks and 3 days now and I haven't received any correspondence from HO yet - NO COA, NO request for bio-metrics.

I was on this forum few days back and I can see that everyone got their letter of COA and biometrics request in a weeks time and this is really worrying me now. I have called up by solicitor to check if he received anything and his answer was no and he said HO is busy because of Brexit and he's got applications that's still pending since 6 months now.

So I'm just wondering if anybody has gone through the same situation? and also is there anything I can do from my side? I dont want to wait 6 months that's too long and I cant even travel.

Your replies will be much appreciated.

Thanks

wish_uk
Member of Standing
Posts: 264
Joined: Sun Nov 01, 2015 8:15 am
Pakistan

Re: Timeline for Right of Retention! !

Post by wish_uk » Tue Nov 05, 2019 12:01 pm

Presettelled status dont need to be there 5 years.
For this u just have to have a BRP.
And when u will have 5 years after ur marriage u will get setteled status, u have to apply for.

Now u had to apply for retained right
After decree absolute.
Or u could apply setteled status if u were lucky u might get it, as few checks are done by the system.

Good luck
married Aug 2014

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Tue Nov 05, 2019 12:13 pm

Thanks for that.

I have already applied for Pre Settled status and its been 6 weeks and 3 days now with no correspondence from HO yet. Last time I checked with my solicitor, I was told HO is busy with Brexit applications so we need to wait.

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Thu Nov 07, 2019 7:15 am

wish_uk wrote:
Tue Nov 05, 2019 12:01 pm
Presettelled status dont need to be there 5 years.
For this u just have to have a BRP.
And when u will have 5 years after ur marriage u will get setteled status, u have to apply for.

Now u had to apply for retained right
After decree absolute.
Or u could apply setteled status if u were lucky u might get it, as few checks are done by the system.

Good luck
I called EU resolution center yesterday and after giving away my application number, the agent was surprised that I didn't receive any sort of response in 6 weeks. He said the reason was my application has not been picked up yet by a caseworker and he assured me that he will escalate this so that a case worker would be immediately assigned and asked me to wait 2 weeks for a response.

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Fri Nov 08, 2019 11:29 am

Application Submitted online: 17/ September
Documents Returned: 19/ September
Received COA: 08/ November
BRP: [Waiting]

Alice23
Newly Registered
Posts: 1
Joined: Wed Nov 13, 2019 9:58 pm
United Kingdom

Re: Timeline for Right of Retention! !

Post by Alice23 » Wed Nov 13, 2019 10:05 pm

Hi all,

I am non-EU and have been living in the Uk married with EU person for around 3,5 years. Our marriage got broken and we are getting through divorce process. I would like to ask what documents do I have to provide for Retained Rights of Residency? Do I have to provide any documents from EU partner? Which documents are acceptable for proof of address and living together? And how long does it usually takes?

Thanks

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Tue Jan 14, 2020 6:53 pm

Can someone please help me? I'm really confused.

So I'm a non-eu who was married to an EU national. Our marriage ended after 3 and half years.
After receiving decree absolute, my solicitor said I can apply for retained rights under the new settlement scheme. I was told he would be filing an application for Pre-Settled status.
He sent the application in September and it took us 5 months to receive COA and my settled status confirmed after calling HO almost every other day. I applied with my EU family member card residence card and I received it back after a week my application was sent.

So now my question is, am I gonna get a new Residence card that states my Pre-Settled status on it?
I just spoke to EU resolution centre and they seemed confused. They said I wouldn't receive any more card and that's it. But they do not know I'm divorced from my EU partner.

So if its the case where I wont receive any residence card, how can I travel? Can I use my current EU family card and prove my pre settled status online at the immigration? I'm really confused as I read in the forum that after divorce, you lose your rights so you need to apply for Retained rights. I know in the past we would get a new BRP card with retained rights mentioned on it.

FYI, my PRE settled status was confirmed on 3rd Of January and I can see it online when I type in my application number.

Your help will be much appreciated as I urgently need to travel for emergency.

Valeriya93
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Posts: 2
Joined: Wed Jan 15, 2020 2:01 pm
Russia

Re: Timeline for Right of Retention! !

Post by Valeriya93 » Wed Jan 15, 2020 2:05 pm

Hello! When did you send the documents to UKVI for retention?
I am in the same situation and just sent my application last week as i just got my decree absolute in december.
I ve been told by the lawyer that those applications could be bounced back as those cards will be invalidated after 2020.
Did you get your previous BRC back (i mean the one you got when you got married)?

dellledd911
Junior Member
Posts: 76
Joined: Tue Feb 05, 2019 3:33 pm
Sri Lanka

Re: Timeline for Right of Retention! !

Post by dellledd911 » Thu Jan 16, 2020 8:09 am

Valeriya93 wrote:
Wed Jan 15, 2020 2:05 pm
Hello! When did you send the documents to UKVI for retention?
I am in the same situation and just sent my application last week as i just got my decree absolute in december.
I ve been told by the lawyer that those applications could be bounced back as those cards will be invalidated after 2020.
Did you get your previous BRC back (i mean the one you got when you got married)?
Hey!
So I applied in September with my BRC and got it back in 3-4 days. Got my COA after numerous calls end of November and decision made on 3rd Of January again after numerous calls.

Valeriya93
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Posts: 2
Joined: Wed Jan 15, 2020 2:01 pm
Russia

Re: Timeline for Right of Retention! !

Post by Valeriya93 » Thu Jan 16, 2020 11:05 am

hello again, does anyone know what is the best way to contact UKVI Liverpool in relation to my application? I cannot find the email address on the internet. Thank you

Lh2oo
Newly Registered
Posts: 22
Joined: Fri Oct 25, 2019 3:03 pm
Algeria

Re: Timeline for Right of Retention! !

Post by Lh2oo » Fri Jan 17, 2020 1:20 pm

dellledd911 wrote:
Tue Jan 14, 2020 6:53 pm
Can someone please help me? I'm really confused.

So I'm a non-eu who was married to an EU national. Our marriage ended after 3 and half years.
After receiving decree absolute, my solicitor said I can apply for retained rights under the new settlement scheme. I was told he would be filing an application for Pre-Settled status.
He sent the application in September and it took us 5 months to receive COA and my settled status confirmed after calling HO almost every other day. I applied with my EU family member card residence card and I received it back after a week my application was sent.

So now my question is, am I gonna get a new Residence card that states my Pre-Settled status on it?
I just spoke to EU resolution centre and they seemed confused. They said I wouldn't receive any more card and that's it. But they do not know I'm divorced from my EU partner.

So if its the case where I wont receive any residence card, how can I travel? Can I use my current EU family card and prove my pre settled status online at the immigration? I'm really confused as I read in the forum that after divorce, you lose your rights so you need to apply for Retained rights. I know in the past we would get a new BRP card with retained rights mentioned on it.

FYI, my PRE settled status was confirmed on 3rd Of January and I can see it online when I type in my application number.

Your help will be much appreciated as I urgently need to travel for emergency.
Your pre settled status it’s linked your old biometric card you can use till you reach 5 years and apply for settled statue . And btw you can update it .
Did you apply just one time for pre settled statue or twice ?
Because I’m on the same boat , I’ve got pre settled statue and I’m really confused after divorce I will apply for another pre settled statue or carry on with mine . Home office told me carry on with the one I have I don’t need to make new application !!

kumitrue
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Posts: 17
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Lithuania

Re: Timeline for Right of Retention! !

Post by kumitrue » Sat Jan 18, 2020 11:55 am

Lh2oo wrote:
Fri Jan 17, 2020 1:20 pm
Home office told me carry on with the one I have I don’t need to make new application !!
That's because a pre-settled status is not linked to anyone else but you. However, you remain in the UK after it expired, you will need to receive a settled status based on the ROR.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Timeline for Right of Retention! !

Post by Obie » Sat Jan 18, 2020 12:16 pm

kumitrue wrote:
Sat Jan 18, 2020 11:55 am
Lh2oo wrote:
Fri Jan 17, 2020 1:20 pm
Home office told me carry on with the one I have I don’t need to make new application !!
That's because a pre-settled status is not linked to anyone else but you. However, you remain in the UK after it expired, you will need to receive a settled status based on the ROR.
No pre settled status is linked to the EEA national. In the event of a breakdown of relationship, it could be curtailed.

Unless the person obtained settled status or secured pre settled status on the basis of retained right of residence.
Smooth seas do not make skilful sailors

goodpartner
Member
Posts: 164
Joined: Thu Mar 22, 2018 4:22 am
Ukraine

Re: Timeline for Right of Retention! !

Post by goodpartner » Sat Jan 18, 2020 3:53 pm

Obie wrote:
Sat Jan 18, 2020 12:16 pm
kumitrue wrote:
Sat Jan 18, 2020 11:55 am
Lh2oo wrote:
Fri Jan 17, 2020 1:20 pm
Home office told me carry on with the one I have I don’t need to make new application !!
That's because a pre-settled status is not linked to anyone else but you. However, you remain in the UK after it expired, you will need to receive a settled status based on the ROR.
No pre settled status is linked to the EEA national. In the event of a breakdown of relationship, it could be curtailed.

Unless the person obtained settled status or secured pre settled status on the basis of retained right of residence.

Then after divorce if people have pre-settle status, they have to re-apply? it makes sense to reapply!

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