Retaining Right of Residence following Divorce

[nanaaddo80]

Hi V,
The thread is quite since few people started taking things personal.Anyway,2 months on and no news yet from UKBA.Good day

[vegeta_2009]

Hi V,
The thread is quite since few people started taking things personal.Anyway,2 months on and no news yet from UKBA.Good day

thanks for the update Nana, i remember you submitted all the doucuments laid out in the regulation, did that include your passport as well?
the HO advisers told me i should apply using EEA2 form to confirm my retention of rights and they will issue me with a new RP. havent done yet, i need to gather more evidence of how true that is.

[nanaaddo80]

Hi V,
Thanks for response.I did send my passport and 2 passport pictures as well.Try and send your application as early as possible since it takes a hell of a time for the UKBA to make a decision.
All the best

[cabarete]

i have sent a letter informing them of my situation with proof that i have retained the right of residence, however i did not apply with the EEA2 form.

As soon as they reply with their request i will post the info here...

[vegeta_2009]

i have sent a letter informing them of my situation with proof that i have retained the right of residence, however i did not apply with the EEA2 form.

As soon as they reply with their request i will post the info here...

thank you cabaret, lets keep this uptodate, there is no clear way to apply for this as of yet, so any experience would be good

[beehive]

Cabarete, how did you write the letter please?

[cabarete]

this is the letter i sent them:
i hope they do reply with instructions.

I am writing this letter because when I received my family permit in February 2007 (case id:*****), the letter stated that if my situation ever changed, I’d need to notify the home office, and sadly the time has come to notify you that our marriage has ended and thus we have divorced on *****

With information gathered from the UK border agency website on the European Casework Instructions, chapter 2, 6.1 (Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership) I can see that I can retain my right of residence since we have been married for 4 years and we’ve lived 2 of those years here in the UK. My ex wife at the time of our divorce was exercising her treaty rights and also because I am a worker and I’m able to support myself without public funding.

Included with this letter are:

- Our divorce certificate translated by a sworn translator.
- A copy of my ex wife’s contract proving that she has been exercising her treaty rights in the UK since 2006.
- A Letter from my employer that proves I have a job.
- Our council tax receipts proving that we lived together at least for a year.

Can you please reply as soon as possible with any documents that you might require from me and with instructions as to the next steps I should take.


hope this helps, i will post their reply as soon as i receive it.

[vegeta_2009]

thank you for the update, are you using a solicitor or going it alone?

[js101]

thanx every1 to keep us update regarding their application status.
I also have sent HO letter informing them of my divorce which they received yesterday. Let's hope that they will send back any acknowldgment of this.

"Cabarete">>>>>>When did you sent your letter to HO? and did your divorce was here in UK coz in ur last post you mentiond that you sent your divorce certificate translated by a sworn translator?

[beehive]

Thanks cabarete.

[cabarete]

i'm doing this on my own, at the moment i do not see the need for a solicitor since the regulations are very clear. As we know this can get complicated. If so, then i'll find one.

no reply as of yet and i sent my letter 2 weeks ago.

[cabarete]

i sent my letter on the 15th of march, and i have not received confirmation from them yet, eventhough the letter was received on the next day.

My divorce was in spain, since we got married there we decided to get divorced there, easier, that is why i needed to used a sworn translator.

As soon as they reply to my letter i will post here what they tell me.

good luck everyone

[bobobo]

Hi, The story so far:
I sent ther HO all documents except my passport (as I had to travel) on the 11th of January 2010, Got it all back on the 26th Jan as they requested my passport (they didnt seem to read the Covering letter). Sent all the documents back again on the 11th of feb. This time i included the following:
Sec 1: Proof of co habitation: bills, bank statements, loan documents, joint health and contents insurance docs.
Sec 2: Decree Absolute, Proof of Divorce initiation, payslips of my ex spouse covering the period of initiation of divorce until the decree absolute.
Sec 3: My passport, My employment contracts for 4 years, My ex's employment letter proving employment for the last 5 years.

I did not receive a COA from the HO until the 14th of March 2010. I sent a complaint email on the 15th of March and got a COA on the 19th of March dated the 17th of March (dont know if this was a co-incidence) after a week got another letter from the HO apologising and also re-sending me the COA, (both the letters had a Case ID on them).

Now I reckon its just a waiting game to see what happens next.

Hope this helps.

[bobobo]

Hi, The story so far:
I sent ther HO all documents except my passport (as I had to travel) on the 11th of January 2010, Got it all back on the 26th Jan as they requested my passport (they didnt seem to read the Covering letter). Sent all the documents back again on the 11th of feb. This time i included the following:
Sec 1: Proof of co habitation: bills, bank statements, loan documents, joint health and contents insurance docs.
Sec 2: Decree Absolute, Proof of Divorce initiation, payslips of my ex spouse covering the period of initiation of divorce until the decree absolute.
Sec 3: My passport, My employment contracts for 4 years, My ex's employment letter proving employment for the last 5 years.

I did not receive a COA from the HO until the 14th of March 2010. I sent a complaint email on the 15th of March and got a COA on the 19th of March dated the 17th of March (dont know if this was a co-incidence) after a week got another letter from the HO apologising and also re-sending me the COA, (both the letters had a Case ID on them).

Now I reckon its just a waiting game to see what happens next.

Hope this helps.

[vegeta_2009]

cabarete & bobobo, thank you for the update, will do the same soon.
all the best

[cabarete]

after a month i still have not received a thing from them...

even worst, when trying to call the non EEA applications line, no longer are we able to talk to anyone... what a joke

[cabarete]

i have just been on the phone with the home office (their system now works again)

They received my documents and all is good)

They won't change my residence permit at the moment. I have been advised to wait until it is about to expire and then apply using the EEA2 form for permanent residence using my documents instead of my ex's.

That is all.


Hope this helps

[bobobo]

Hi cabarete, If i was you I would still ask them for a reference number and ask them to put this in writing. Different People in HO have a different point of view. They are accepting complete applications fore retaining rights of residence.

Just wanted to advise yoyu so that you dont loose out and find yourself in a soup when you apply for your PR.

[cabarete]

aparently they will send me a letter confirming this, thanks for that!

i will call again in two weeks if i have not received anything because i do need that in writing just in case...

[js101]

Hi cabarete,

what number did you ring on? I submit to HO a cover letter with copy of decree absoloute and never heard back of them.

Did they mention that they will send you a letter regarding this situation? I want to apply for PR next year coz my five year period will be over then

[cabarete]

the number is 0845 010 5200

it took them 10 minutes to get my call... now they have a system that says how many people are in the queue so you know what to expect.

[mego_1980]

I have been advised to wait until it is about to expire and then apply using the EEA2 form for permanent residence using my documents instead of my ex's.

Hi cabarete,

I doesn't make sense for me to apply for PR using EEA2 , i think it should be cover letter or EEA4

any one confirm that.

thanks

[cabarete]

i just posted what they told me... but you're right... it should be the EEA4

i have to call again today, hopefully i will get lucky and get a knowledgeable person answering the phone... if i do i will post here what they've said.

[bobobo]

Hi just an update. I called the HO today and spoke to a lady who said that my file was not assigned to a case worker yet, but only 2 months had passed and that I should wait for 6 months and I should hear something by then.

[cabarete]

the home office has confirmed that they will send me a letter so i can have everything in writing of what i should now do... let's see what they say now.

I will post those details here....