Non-EEA family member after Divorce (PR/right of residency)

onecarl · Post by **onecarl** » Mon Jul 25, 2011 10:59 am

Hi guys,

can you please help me.
Iâ€™m a non-EEA family member. I am married with a European girl, and we are married for last three years, and we are living in UK for last 2 years, before we were living in Poland. My wife is polish, and Iâ€™m from india. We did not claim any benefit during our stay, as we were doing jobs in UK. I got 5 years Resident-card, 1 year ago (before I got Entry-Clearance, then FMRS, and then 5 years Resident-card) . Now we are going to do divorce. So please tell me,

1) Do I have right of residence after divorce?
2) If I will have right of residence, then what should I do after divorce?
2a) Should I apply for Permanent Residency? If possible, then how difficult is it to get PR after
divorce?
2b) Or should I wait for finishing my 5 years Resident-Card?
2c) Or what should I do with my visa status?

Dear guys, I really need your advice, specifically about my situation. If somebody has faced such situation, or knows about this situation, then please write. It will be great help. I know my questions are too many, but I do not have choice to write less. So please consider my all questions.

thanks

Carl

alekos · Post by **alekos** » Mon Jul 25, 2011 11:19 am

See http://www.ukba.homeoffice.gov.uk/sitec ... dlaw/ecis/

Also, this is the wrong forum. Mod can move it to EEA, please?

Post by **vinny** » Mon Jul 25, 2011 11:45 am

See also HS (EEA: revocation and retained rights) Syria [2011] UKUT 00165 (IAC).

onecarl · Post by **onecarl** » Tue Jul 26, 2011 6:25 pm

thanks for replies, but can somebody give me some short and clear answer about my situation

, because it is difficult to understand law-language, so please write me some words about my situation.

Thanks for alekos and vinny.

Post by **Directive/2004/38/EC** » Tue Jul 26, 2011 6:30 pm

So the short answer, not going into detail of your particular situation, will likely be yes: You have been married for three years, of which at least one year is in the UK.

You and only you will need to do a lot more reading and understand your situation. Learn to love the legal language - it is part of immigration rules and divorce!

You will also need to retain records to show that your wife was working in the UK up to your divorce. Once you have been in the UK for 5 years you can likely apply for a PR card.

onecarl · Post by **onecarl** » Tue Jul 26, 2011 8:19 pm

thanks Directive/Guru for your post.

So can i apply just after 5 years, not after divorce?

Then how can i travel out of country , after divorce and before finishing the 5 years? what kind of visa status i will have? If i'm not wrong, then 5 years residence-card (which i got) will be useless after divorce. Or maybe Airport immigration will not let me get in after knowing the Divorce. Am i right?

how many wage-slips do i have to keep in my record of my wife? i mean, i already have 18 or 20 wage-slips (she get weekly wage-slips).

And the photocopies of P60s (are photocopies ok? because she did not give me originals, and will not give me either)

I have her original Job-Confirmation letter by from her Company/Employer.

And please tell me, which things make the cases weak, in general.

i will be thankful to you guys.

Miraiza · Post by **Miraiza** » Tue Jul 26, 2011 11:37 pm

onecarl wrote:thanks Directive/Guru for your post.

So can i apply just after 5 years, not after divorce?

Then how can i travel out of country , after divorce and before finishing the 5 years? what kind of visa status i will have? If i'm not wrong, then 5 years residence-card (which i got) will be useless after divorce. Or maybe Airport immigration will not let me get in after knowing the Divorce. Am i right?

how many wage-slips do i have to keep in my record of my wife? i mean, i already have 18 or 20 wage-slips (she get weekly wage-slips).

And the photocopies of P60s (are photocopies ok? because she did not give me originals, and will not give me either)

I have her original Job-Confirmation letter by from her Company/Employer.

And please tell me, which things make the cases weak, in general.

i will be thankful to you guys.

What you need to apply for after Divorce is called Retention of Right, and to obtain a RoR, you need original copies of your Ex P60(home office will never accept copies), your Divorce certificate, your passport and also your P60 or payslips with other documents like Utility Bills, Council tax.

**Note: Only original document is accepted by HO.

Good luck.

Post by **Directive/2004/38/EC** » Wed Jul 27, 2011 1:28 am

I am very unclear if you can continue moving based on your existing RC or whether you need to contact UKBA early. Anyone have a reference?

bobobo · Post by **bobobo** » Wed Jul 27, 2011 9:19 am

When you get the initial RC, there is a statements ion there which reads that the HO should be informed immediately if the situation changes. I would imagine its best to apply for Retention of Rights if 5 years not completed as this makes the application for PR easier. Logically the HO have checked all the required documents on two occassions:
Firstly when the original RC was issued and Secondly when RoR was applied for. Hence for PR they just need to check if the Non EEA national has been exercising treaty rights for the 5 year period, Having said that the same bundle of documents needs to be sent to the HO which was sent on the previous occassions just to be safe

Directive/2004/38/EC wrote:I am very unclear if you can continue moving based on your existing RC or whether you need to contact UKBA early. Anyone have a reference?

onecarl · Post by **onecarl** » Wed Jul 27, 2011 10:25 am

Then does somebody know the RoR application form? i mean, how to apply for RoR?

86ti · Post by **86ti** » Wed Jul 27, 2011 10:29 am

Form EEA2, see http://www.ukba.homeoffice.gov.uk/eucit ... /applying/

onecarl · Post by **onecarl** » Wed Jul 27, 2011 10:54 am

EEA2 is for RC, which i already got. i need to know about RoR application form. if somebody can tell me.....

Post by **Jambo** » Wed Jul 27, 2011 11:04 am

This is also for RoR. You will need to apply again. See section 4 in the form

86ti · Post by **86ti** » Wed Jul 27, 2011 11:16 am

onecarl wrote:EEA2 is for RC, which i already got. i need to know about RoR application form. if somebody can tell me.....

Please be so kind and have a look at the form. It has changed quite a bit from the previous version.

onecarl · Post by **onecarl** » Thu Jul 28, 2011 2:21 am

one question,

*) which things make our case weak for retained the right of residence?

can you please give some words?

bobobo · Post by **bobobo** » Thu Jul 28, 2011 9:07 am

There can be a number of things that can make a case weak, if you have something in mind it would be best to spill it out.

onecarl wrote:one question,

*) which things make our case weak for retained the right of residence?

can you please give some words?

onecarl · Post by **onecarl** » Thu Jul 28, 2011 9:53 am

I need to ask, that if my wife claimed some social benefits during these three years of our marriage (not me), then does it affect (in negative way) to my application for retained the right of residence? Do I still qualify for the visa under â€œretained right of residenceâ€

86ti · Post by **86ti** » Thu Jul 28, 2011 10:14 am

From your original post:

onecarl wrote:We did not claim any benefit during our stay, as we were doing jobs in UK.

What "social benefits" are you talking about now? You also said that you have only been 2 years in the UK.

Please stop using the word 'visa'. We are discussing residence cards here.

onecarl · Post by **onecarl** » Thu Jul 28, 2011 10:42 pm

i just want to know that if i delay my divorce , and if she will claim some Jobseeker's Allowance benefit before our divorce (she did not do yet), then does it affect my application of retained the right of residence?

for me, It is very important question to know actually. I want to understand the sensitivity of my situation. that's why, i asked such question. So maybe somebody knows about it.

looking forward.......

86ti · Post by **86ti** » Fri Jul 29, 2011 7:10 am

She is entitled to JSA and can be a jobseeker for at least six months.

onecarl · Post by **onecarl** » Fri Jul 29, 2011 12:31 pm

yes i know that she is entitled to JSA(Jobseeker's Allowance benefit), that's why i'm asking, if she claim JSA, before our divorce. Then Does it affect my application of retained the right of residence?

Because there is existing some condition about " worker, self-employed, or should be self-sufficient ". So confusion is about this condition, that do they mean for individual, for Example non-EEA family member should be worker, self-employed, or self-sufficient, and should not claim any benefit. Or they will consider the Couple, instead of individual. If she will claim JSA(Jobseeker's Allowance benefit). Because we are married, no matter we are living together anymore or not.

So it is a pure Question, that if EEA national claim some entitled benefit before divorce (during marriage life), then does it affect the application of retained the right of residence for non-EEA family member (husband/wife), or not.

So if somebody knows about this question (which is very important), then please write some words.

regards

86ti · Post by **86ti** » Fri Jul 29, 2011 1:13 pm

If she is entitled to a claim then this does imply that it can have no effect on her or your legal residence. It doesn't matter whether it is an individual or joint claim. Your stay in the UK depends on her doings!

onecarl · Post by **onecarl** » Fri Jul 29, 2011 4:14 pm

If she is entitled to a claim then this does imply that it can have no effect on her or your legal residence. It doesn't matter whether it is an individual or joint claim. Your stay in the UK depends on her doings!

so , does it affect my application? or not?

kampk121 · Post by **kampk121** » Fri Jul 29, 2011 4:16 pm

Hi,
For RoR I send the following documents;

Passport
a covering letter with 2 photos.
Decree absolute
joint bank statement( covering 3 years)
Employers letter for my self.
Employers letter for my Ex. (that she is currently working)
P60s for myself and Ex.
Pay slips of both( covering 3 years )

I got the answer in 3 months

86ti · Post by **86ti** » Fri Jul 29, 2011 4:21 pm

onecarl wrote:
If she is entitled to a claim then this does imply that it can have no effect on her or your legal residence. It doesn't matter whether it is an individual or joint claim. Your stay in the UK depends on her doings!
so , does it affect my application? or not?

Please read my first sentence again. If that doesn't help then just read word #16.

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Non-EEA family member after Divorce (PR/right of residency)

Non-EEA family member after Divorce (PR/right of residency)