Assistance required

[cassdos]

I am in the process of divorce after 7 years of marriage and would like to apply for a rentention of right (PR). I have been in the UK for 4 years now. However, my zim passport has expired and have been waiting for 12 months for a new one. From what I have heard, HO do not issue PR permits on an expired passport. Has anyone ever been in such a situation? And if so, how did you go about it? You assitance would be greatly appreciated.

[Monifé]

They will not issue you PR on an expired passport.

Also, you are not eligible for PR until you have completed 5 years in the UK.

[cassdos]

Yes, I gathered that they do not issue PR on expired passports. Would they accept a letter from the embassy explaining the backlog of processing my passport or at least an emergency travelling document (valid for 6 months)? I have called the HO who have said that once divorced I need to apply for PR straight away as I would no longer be a spouse of an EEA national, my residence permit becoming invalid, thereby wavering the 5 year requirement.

[Monifé]

Yes, I gathered that they do not issue PR on expired passports. Would they accept a letter from the embassy explaining the backlog of processing my passport or at least an emergency travelling document (valid for 6 months)? I have called the HO who have said that once divorced I need to apply for PR straight away as I would no longer be a spouse of an EEA national, my residence permit becoming invalid, thereby wavering the 5 year requirement.

They won't process your application without your passport. You can write a cover letter including all what you said but they will not process the application without the passport.

That is right, you can't apply for PR (retention of rights) until the decree absolute has gone through.

You cannot apply for PR until 6 months before you have completed 5 years. Your residence card does not become invalid as you have been on it for more than 3 years as spouse of EU national, and therefore you retain your entitlements in your own right.

You can wait until the divorce has gone through and apply anyway, but I do not think they will process the application without (a) your passport and (b) meeting the 5 year requirement for residency (although I think you can apply 6 months before the 5 year target as it can take up to 6 months to process the application).

[86ti]

To clarify: retention of rights and permanent residence are two pairs of shoes. 4 years is indeed not sufficient to obtain PR. This forum is full with information regarding divorce. A valid passport is a requirement.

[cassdos]

Thank you for your assistance in clarifying the issue of my residence permit. I had been given the impression that after divorce it becomes invalid, I was a bit confused in that regard. I have been advised by my solicitors that the divorce process can take anything between 4 to 6 months, thereby taking me within the six month period prior to being able to apply for my PR (would have been in the UK for 5 years by then). Hopefully, by then I would have also received my new passport! Thank you once again for your help. Much appreciated.