My experience

[MUKP]

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.

[Obie]

Can you provide details of this post decision team, and how you got through to them.

Did you seek a reconsideration after you application was rejected, and that was how it got to them, or did you apply directly or how?

[MUKP]

Once the HM rejected my application, I wrote back to my case handler with facts and figures. Then I received the letter from post-decision team.

Regards.

[Punjab]

hi MUKP first congratulation for your success

second could you please provide address of the other team for us

Many Thanks

[Mrfantastic]

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.

When a non-eea national apply for pr after retention of right of residence with a letter from homeoffice comfirming this, are you still required to provide proof of ex-eea national exercising treaty right? i thought the whole point of applying for retention of right of residence was to retain this on a personal basis therefore when applying for pr, non-eea national only provide proof of work/residence for 5years? why was homeoffice asking for proof of his/her ex-eea national when retention of residence was granted prior to applying for pr. it says clearly here:

in Completion of 5 years residency after having retained the right of residence
The following documents must be supplied by a non-EEA national family member who has retained the right of residence and who is applying for a Permanent Residence Card under regulation 15(1)(f) having completed 5 years residency:

 A valid passport

 Documentation confirming that s/he has completed 5 years residency in accordance with the 2006 Regulations as the family member of an EEA national exercising Treaty rights / as a person who has retained the right of residence.

i guess i'm not very clear on this.

[MUKP]

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.

[sameer2012]

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 you are sharing a very useful information here. let us say
if someone got married in feburary 2008. his eea family member was working from january 2008 till march 2008. he applied his RC in april 2008 and got RC in december 2008 then in april 2011. they got divorced in july 2011 and the non eea national applied for RC(Retained right of residence) in september 2011.If in case non eea national received his RC(RoR) in december 2011. what would be the scenario If he applied on the basis of 5 years of marriage for PR.
The non eea national is going to complete his 10 years long residence in march-12.He can apply for ILR through long residence rather than wait 1 more year but just in order to get some understanding please tell me the time when he can apply for PR(if in case he wants to).thanks

[sameer2012]

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 thanks

[MUKP]

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.

[sameer2012]

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 Please help me regarding my previous post.Thanks

[MUKP]

Sameer

Please calculate your time line in the manner I described, and see where you stand. Mind you, time is one of the factors amongst others.

Regards.

[reda]

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.

hi Mukp,
how do you can count the time the eea national before marriagemi can see that any where!!!

[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.

[/b]

i can follow you here,why is 5y and 11m.


Regards.

[reda]

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.

hi Mukp,
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.

i can't follow you here,why is 5y and 11m.


Regards.

[MUKP]

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]

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.

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.

[MUKP]

I think you have the necessary time needed to qualify for PR, of course I assume you are still exercising treaty rights, i.e. working or self-employed.

Regards

[reda]

can you give us your time table,thanks in advance.

[MUKP]

Your ex-spouse obtained PR on the basis of exercising treaty rights for 5 years in the UK, and after that you have retained rights for almost one year, so technically you are well over the 5 year period needed.

Regards

[reda]

Your ex-spouse obtained PR on the basis of exercising treaty rights for 5 years in the UK, and after that you have retained rights for almost one year, so technically you are well over the 5 year period needed.

Regards

i love to hear from others,specialy from JAMBO,obie,john and vinny.

[Kitty]

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]

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).

Provided you have been working etc. since your divorce, then you will acquire a right of PR in March 2012.

http://www.legislation.gov.uk/uksi/2006 ... on/15/made

[Directive/2004/38/EC]

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?

[MUKP]

I was not aware of all the law and regulations. So went to a lawyer and I was suggested.

Regards

[reda]

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?

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!!!
i wondering if i can include the time before marriage as we were together more than one year before wedding day, so i can apply 2 months before the end of the 5 years(at least they won't send me back my application the second week or so) assuming that my file will be with the case worker after more than 2 months time,what do you think!!?
thank you for your time.