Confused on divource

[Oke1]

Pls I can some one clear
This for me
Because am confused

1 a friend of my tell me that if you
Divource you need to infom ukb
That you are no more with EEA


For exsanple
(2) i get married in
05.07.09 and apply for divource
10.12.12 and
decree apsolute granted
In 20.01.13

(3) my reaqetion is my fr will expir
10.03.15 when can I apply for pr
Or did I need to apply for another
Resident again
Because a friend of my tell me that
if some devource his EEA he need to inform
Ukb so that he/she can apply for another
Rc to complete 5years pls can some explain
For me pls

[dukkumeah]

Hi, Your friend needs to inform UKBA.
He/She has to apply for another RC using form EEA2.

The following documents will be required.

* Your passport

* 2 Photo Graphs of your friend

*Divorce certificate/Deree absolute

* Prof that he/she has lived in the Uk for at least 1 year wih Spouse

* Prof that EEA national Exercise Treaty rights in the UK

* Proof that EEA national exercised Treaty in the Uk at the time of divorce

* Prof that your friend exercises Treaty Rights at present

[Oke1]

Thank you for the queky Repply but they
Have married for 3years.6 month before
Devource so how is he goin to inform ukb
By phone or by hill mail then

How many years the second re will
Be is still goin to Waite for another 5
Years again or what pls so that I can
Meet him tomorrow and tell him pls queky
Reply thank u so much

[John]

apply for divource
10.12.12 and
decree apsolute granted
In 20.01.13

The divorce was in the UK? If yes I think that is impossible, given a 6-week minimum between the Decree Nisi and the Decree Absolute.

[Nimitta]

Hi, Your friend needs to inform UKBA.

??? Where did you find this?

* Prof that he/she has lived in the Uk for at least 1 year wih Spouse

Wrong again. There is no such requirement.

[Oke1]

Pls if he get second rc when can he apply for pr
Because is fr is expir 10.03.15 then how many
Years are they goin to issued again

Pls thanks so much

[Oke1]

Thank u John have ague on this with big fight that
Their is noting like this pls can u explain to me better
They hv not grante divource yet still waiting just use that
As exsanple so pls john can u elite me exsaltle what to
Do next when he get is devource certificate pls am
Expeting ur response on this and code the section
For me to read and confirm pls
Ur response pls thanks

[John]

If those dates are just an example, please confirm the real date and marriage, and the real date the divorce petition was submitted to the Court.

Also when did they start living together in the UK?

[Oke1]

K thanks for that John

(1) married on 5.07.09
Start live together since
2009 till 2011
But all his prove still come to
Our prevouce address
So to get all her document when need
Their is no problem
Surmit divource on 10.01.13
Expected till may or jun
So when can he apply for pr
Because is rc is expir on 10.03.15
So pls let me know if he get
Is divource sertificate did he need
To apply for another rc again to

[John]

The EEA spouse, how are they exercising Treaty Rights on the UK since arriving? Employed? Self-employed? A student? Or how?

[Oke1]

Since 2010 get rc till now working with
Deferent employ till now hv p60 pay slip
And p45 till now no get in between till
But do two work some time but till now
Hv two work but her permanent

[Oke1]

Employ but out of work for three month
But apply for benefit January,febuary,march
But apply for benefit and housing benefit
On another address and the letter
Come to boot of us address in 2010
And ask her to return part of the housing
Benefit and she hv started doing that
Before file divource and she start her jobs
That she is doin till now in aprie 2010
Till now hv all the p60 and the rest of
Document till now

[dukkumeah]

Hi, Your friend needs to inform UKBA.

??? Where did you find this?

HO sent him/her a letter with RC saying that holder has to inform UKBA if there is any changes in status/ cease to be a family member.

* Prof that he/she has lived in the Uk for at least 1 year wih Spouse

It is in the regulations Under “Family member who has retained the right of residence” paragraph 8(5)

Wrong again. There is no such requirement.

Hope you get the answers@Nimitta

[John]

Based upon what you have posted your wife has been exercising Treaty Rights in the UK.

Accordingly because there was in excess of three years between the date of marriage and the date the Divorce Petition was present to the Court, and the two of you have lived together in the UK for at least one year, you appear to have retained rights, so your Residence Card will remain valid even after the Decree Absolute has been issued.

Near the 5th anniversary of you being in the UK, use form EEA4 to apply for Permanent Residence.

[Oke1]

May almihgt hansar ur prayer John
So that means I don't need to inform
Ukb when I get my divource sertificate
That we her no more together and I
Don't need to apply for EEA2 any more
I should just Waite for my rc expir
In 10.03.15 before apply for pr is
That what u mean now John

If so thank u then on which section
Of europian code can I go and read
This things so I can tell him that
He should not confeused himself
Thanks again John

[Jambo]

I would advise to apply now for a new RC after retaining rights. It would probably be easier to provide evidence of the wife activities now than in 2 years time.

[Oke1]

If apply now which am I going to uesd
Then what is the requament to supply
Is he the same 5years again or what let me know
Pls because am confeused now pls

[John]

Is he the same 5years again

Yes, use form EEA2 to apply for a new 5-year Residence Card.

But even though there will be years left on the second Residence Card, you are not prevented from applying for Permanent Residence 5 years after starting to live in the UK.

[waqas123]

hi can someone please help!!
i came in uk 8 jan 2008
1.
married with europeon natinal 3.8months,(fmrs, and Rc granted till 2015 nov)
2.
divorce started 3.6 month after marriage
3.
1 .2 month live together
4.
work together in that 1.2 year (all pay slips p60,tanncny agrrement, and letter from employer during that period(1.2years)
5.
separated after marraige 1.2 years,
6.
wife start to live with another guy after that but we never contacted eac other in that time even,but one day she said she have a baby with that guy of 18 months and she needs divorce from me, she applied visa for that partner aswell which HO rejected caz they said we already gave your husband visa for 5 year.
i met 3 solicitors, two of them said that i No need to apply ROR, i need to wait until 2014 nov to applr ILR, one said i have to apply ROR.

questions
1.what happen after my decree absolute(my visa will finish)?
2.do i need to apply ROR?
3.or should i wait till nov 2014 to apply ILR?
what evidence do i need for ROR?
4what evidence i need for ILR?
she will not help me for any evidence,one solicitor said that for evidence he will write letter to N-I and tax return department and asking them to confirm?
please guys help me i am too stress...

[Nimitta]

Hope you get the answers@Nimitta

Thanks Dukkumeah, not quite.

HO sent him/her a letter with RC saying that holder has to inform UKBA if there is any changes in status/ cease to be a family member.

Well, in case if the EEA leaves the country, non-EEA does not have a right to stay in the UK anymore. The same if the EEA ceases to exercise treaty rights, and I understand why the UKBA would be interested in this information. However, it is NOT true in case of divorce/death of the EEA if the non-EEA retains her/his rights of residence. I think in this case the request is groundless.

* Prof that he/she has lived in the Uk for at least 1 year wih Spouse

It is in the regulations Under “Family member who has retained the right of residence” paragraph 8(5)

Do you mean this:

(5) A person satisfies the conditions in this paragraph if—
(a) he ceased to be a family member of a qualified person on the termination of the marriage
or civil partnership of the qualified person;
(b) he was residing in the United Kingdom in accordance with these Regulations at the date
of the termination;
(c) he satisfies the condition in paragraph (6); and
(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the
civil partnership the marriage or civil partnership had lasted for at least three years
and the parties to the marriage or civil partnership had resided in the United
Kingdom for at least one year during its duration;

If by " lived in the Uk for at least 1 year wih Spouse" you meant living under same roof, I disagree. If you mean living in the same country, i.e. the UK, then of course you are right.

[dukkumeah]

Hi,

It is better for non EEA national to inform HO to get the confirmation that the RC holder retained his /her rights.

It is not groundless and HO expected be informed.

It is also recommended by many GURUs including John.

Living in the UK for at least a year is a requirement. Spouse can live in different addresses with good reason like Job/ Business.

[Nimitta]

It is better for non EEA national to inform HO to get the confirmation that the RC holder retained his /her rights.

It is not groundless and HO expected be informed.

It is also recommended by many GURUs including John.

By "groundless" I meant that "must inform" or "has to inform" is groundless. Getting confirmation is useful, I agree, but is not obligatory.

Living in the UK for at least a year is a requirement. Spouse can live in different addresses with good reason like Job/ Business.

Could you please refer to a source where you found this requirement? It does not sound right.

[John]

t is also recommended by many GURUs including John.

It is? Please provide a link.

[dukkumeah]

I would advise to apply now for a new RC after retaining rights. It would probably be easier to provide evidence of the wife activities now than in 2 years time.

Sorry John it was recommended by Jambo

What you said was...

Yes, use form EEA2 to apply for a new 5-year Residence Card.

But even though there will be years left on the second Residence Card, you are not prevented from applying for Permanent Residence 5 years after starting to live in the UK.

Nimitta...Thia is what I meant...

5) A person satisfies the conditions in this paragraph if—
(a) he ceased to be a family member of a qualified person on the termination of the marriage
or civil partnership of the qualified person;
(b) he was residing in the United Kingdom in accordance with these Regulations at the date
of the termination;
(c) he satisfies the condition in paragraph (6); and
(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the
civil partnership the marriage or civil partnership had lasted for at least three years
and the parties to the marriage or civil partnership had resided in the United
Kingdom for at least one year during its duration;

If by " lived in the Uk for at least 1 year wih Spouse" you meant living under same roof, I disagree. If you mean living in the same country, i.e. the UK, then of course you are right.