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MUKP wrote:I wanted to share my experience as did not see similar on the forum.
First of all, I am thankful for all of those who posted their questions and more so who took time to reply and give guidance. This website is an immense source of information many times way more than the local immigration lawyers know.
I came to UK in 2003, met my ex-wife 2005, got married in 2006. Marriage broke down, got divorced in 2011 Jan. Stayed in the UK throughout. Me and ex are in job throughout (Exercised treaty of right). So after divorce I applied for retention of rights in Feb. 2011, and obtained the fresh card in May 2011.
June 2011, I was eligible for the PR, so applied in July. They took 3 months and refused the PR saying that I have not shown that myself and ex has resided in the UK, exercising treaty right for 5 years. It was a hasty and wrong conclusion drawn by the Home Office as my ex has been working from 2005 till date so am I. I wrote back to HM saying that they are wrong, and that they did not even bother to ask for further documents to prove my case. To my total but pleasant surprise, I got a letter back from UKBA post-decision team based in Manchester agreeing with my assessment and failure of Home Office. They agreed to reconsider my case again. I supplied few further documents and the PR was issued last month.
The few points I would like to make (For non-EEA citizen) :
1. When anyone is applying for the PR following retained rights, the way they calculate the time period = time spent exercising treaty rights by the EEA citizen (before and during the marriage) + time spent by the non-EEA citizen (having retained rights) after divorce.
2. There is a post-decision team if you think Home Office has overlooked evidence you can supply or is submitted at the time of original application.
Hope this helps.
Regards.
hi, mate you are sharing a very useful information here. let us sayMUKP wrote:Retention of rights and application for PR needs different documentations, although some of them overlap.
Retention of right - All you need to prove is that you are married for 3 years and lived at least 1 year is in UK exercising treaty of rights.
Application for PR - The non-EEA national has to prove that the total duration of time period spent in exercising treaty of rights is 5 years. So it usually involves the EEA national's time spending exercise treaty rights even before marriage, and then the time the non-EEA citizen spent after divorce.
Eg: Say EEA national came to UK in 2005 Jan. and started to exercise treaty rights from March 2005. He/she got married (June 2006), but unfortunately divorced his/her non-EEA spouse in Jan 2010, still exercising treaty rights. Then if non-EEA national decide to apply for PR after retaining rights in December 2010. The way 5 years is calculated is Jan 2005 - Jan 2010 (5 years) + 11 months = 5 years 11 months, hence fulfilling time needed for PR.
Hope I've not confused you even more.
Regards.
Hi mate just to clarify this that is she starts working in march 2005 till dec 2010 then it must be 4 years and 09 months then how we calculate this time as 5 years.please explain thanksMUKP wrote:Retention of rights and application for PR needs different documentations, although some of them overlap.
Retention of right - All you need to prove is that you are married for 3 years and lived at least 1 year is in UK exercising treaty of rights.
Application for PR - The non-EEA national has to prove that the total duration of time period spent in exercising treaty of rights is 5 years. So it usually involves the EEA national's time spending exercise treaty rights even before marriage, and then the time the non-EEA citizen spent after divorce.
Eg: Say EEA national came to UK in 2005 Jan. and started to exercise treaty rights from March 2005. He/she got married (June 2006), but unfortunately divorced his/her non-EEA spouse in Jan 2010, still exercising treaty rights. Then if non-EEA national decide to apply for PR after retaining rights in December 2010. The way 5 years is calculated is Jan 2005 - Jan 2010 (5 years) + 11 months = 5 years 11 months, hence fulfilling time needed for PR.
Hope I've not confused you even more.
Regards.
Hi Please help me regarding my previous post.ThanksMUKP wrote:It was my mistake, I am sorry. I meant EEA national came and started to work in Jan 2005 and not March 2005, please ignore it.
Also, if you can kindly write bit more clearly in your previous post in the same thread using commas and stops, I will be able to help you more effectively.
Regards.
hi Mukp,So it usually involves the EEA national's time spending exercise treaty rights even before marriage, and then the time the non-EEA citizen spent after divorce.
[/b]]The way 5 years is calculated is Jan 2005 - Jan 2010 (5 years) + 11 months = 5 years 11 months, hence fulfilling time needed for PR.
reda wrote:hi Mukp,So it usually involves the EEA national's time spending exercise treaty rights even before marriage, and then the time the non-EEA citizen spent after divorce.
how do you can count the time the eea national before marriage, i can see that any where!!!
]The way 5 years is calculated is Jan 2005 - Jan 2010 (5 years) + 11 months = 5 years 11 months, hence fulfilling time needed for PR.
MUKP wrote:The basic in retention of rights is, the non-EEA assumes the rights of the EEA national. So in order to calculate the 5 years for PR the total duration is calculated from the time the EEA national started exercising the treaty rights till the date the divorce non-EEA spouse applied for PR. Hope it clarifies a bit.
reda, you qualify for PR after living in the UK "in accordance with the Regulations" for 5 years. Your clock started in March 2007 when you married an EEA national (and thus started living in the UK in accordance with the Regulations).reda wrote:
thank you for your reply,can you suggest me when i can apply for PR
i was married to eea national in march 2007 (eea national exercising her treaty right from 2005 and she got her PR in 6 December 2010)
unfortunately we divorce in 29 December 2010 and i retain my ROR in February 2011,and please can you give us your time table,thank in advance.[/u]
i know is not compulsory,but i thought if i got my ROR they will not ask about eea national document when i apply for PR,beside all the document for eea national is with ex wife so nothing is sure she going to help me after one year time!!!Directive/2004/38/EC wrote:You applied for a new RC after you divorced but before you had qualified for PR. Why did you do that? Do you believe you were required to do that?