Complex Question about ROR

[khali8]

hi,, guys,,,
http://www.legislation.gov.uk/uksi/2006 ... on/10/made
http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I was reading these links above about ROR.... I have read thoroughly but i can't find a condition where ukba ask that "from the time of initiation of divorce til decree absolute your EU partner must exercise his/her treaty rights"..
Please canone please show me the link where ukba asks about this condition.
Thanks.

[Oke1]

Their is know where they say that in
Any article 2-17 or in any section
But is our people due to their scared
Why just read true eea2 or 4 form
And section 4 for ror

[hopeforee4]

hi,, guys,,,
http://www.legislation.gov.uk/uksi/2006 ... on/10/made
http://www.ukba.homeoffice.gov.uk/sitec ... /eea21.pdf
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I was reading these links above about ROR.... I have read thoroughly but i can't find a condition where ukba ask that "from the time of initiation of divorce til decree absolute your EU partner must exercise his/her treaty rights"..
Please canone please show me the link where ukba asks about this condition.
Thanks.

Hi there
Please see below the blue highlighted words relevant to your concern, the UK authorities interprets the regulations based on that EU national must be exercising treaty rights on the date of the lawful termination of the marriage which equals the date of decree absolute, it is one of the horrible things one need to prove that their separated partner must be exercising treaty rights during the divorce process which is totally unfair because it gives the opportunity to the EU separated partner to damage the non eu separated partner's immigration status in a very easy way.
What about your situation?


“Family member who has retained the right of residence”
10.—(1) In these Regulations, “family member who has retained the right of residence” means,
subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).
(2) A person satisfies the conditions in this paragraph if—
(a) he was a family member of a qualified person when the qualified person died;
(b) he resided in the United Kingdom in accordance with these Regulations for at least the
year immediately before the death of the qualified person; and
(c) he satisfies the condition in paragraph (6).
(3) A person satisfies the conditions in this paragraph if—
(a) he is the direct descendant of—
(i) a qualified person who has died;
(ii) a person who ceased to be a qualified person on ceasing to reside in the United
Kingdom; or
(iii) the person who was the spouse or civil partner of the qualified person mentioned in
sub-paragraph (i) when he died or is the spouse or civil partner of the person
mentioned in sub-paragraph (ii); and
(b) he was attending an educational course in the United Kingdom immediately before the
qualified person died or ceased to be a qualified person and continues to attend such a
course.
(4) A person satisfies the conditions in this paragraph if the person is the parent with actual
custody of a child who satisfies the condition in paragraph (3).
(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; 9
(ii) the former spouse or civil partner of the qualified person has custody of a child of the
qualified person;
(iii) the former spouse or civil partner of the qualified person has the right of access to a
child of the qualified person under the age of 18 and a court has ordered that such
access must take place in the United Kingdom; or
(iv) the continued right of residence in the United Kingdom of the person is warranted by
particularly difficult circumstances, such as he or another family member having
been a victim of domestic violence while the marriage or civil partnership was
subsisting.
(6) The condition in this paragraph is that the person—
(a) is not an EEA national but would, if he were an EEA national, be a worker, a selfemployed person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).
(7) In this regulation, “educational course” means a course within the scope of Article 12 of
Council Regulation (EEC) No. 1612/68 on freedom of movement for workers(a).
(8) A person with a permanent right of residence under regulation 15 shall not become a family
member who has retained the right of residence on the death or departure from the United
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case
may be, and a family member who has retained the right of residence shall cease to have that
status on acquiring a permanent right of residence under regulation 15.

[khali8]

Hopeforeea4: thanks for your help..i read the link you posted in my reply which only say that eu national must be qualified person at the termination of marriage but it does not say from the initiation of divorce?????
And could you plz explain this paragaraph below plz:

(Cool A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United 
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case 
may be, and a family member who has retained the right of residence shall cease to have that 
status on acquiring a permanent right of residence under regulation 15.

[hopeforee4]

Hopeforeea4: thanks for your help..i read the link you posted in my reply which only say that eu national must be qualified person at the termination of marriage but it does not say from the initiation of divorce?????
And could you plz explain this paragaraph below plz:

(Cool A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United 
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case 
may be, and a family member who has retained the right of residence shall cease to have that 
status on acquiring a permanent right of residence under regulation 15.

It is only states what you have just read, I didn't see myself that starting point from the initiation of divorce unless someone else here could bring it up
Are you divorced yet? Was your eu partner exercising any treaty rights at all times?

[hopeforee4]

Hopeforeea4: thanks for your help..i read the link you posted in my reply which only say that eu national must be qualified person at the termination of marriage but it does not say from the initiation of divorce?????
And could you plz explain this paragaraph below plz:

(Cool A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United 
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case 
may be, and a family member who has retained the right of residence shall cease to have that 
status on acquiring a permanent right of residence under regulation 15.

It is only states what you have just read, I didn't see myself that starting point from the initiation of divorce unless someone else here could bring it up
Are you divorced yet? Was your eu partner exercising any treaty rights at all times?

Please see a reply from the Air center about the same issue you are concerned:


Divorce: Based on Article 13(2) of the Directive, if a non-EEA national stops being the family member of an
EEA national through divorce or the dissolution of a civil partnership, the non-EEA national can retain her/his
residence rights in certain circumstances:
 if the marriage or civil partnership lasted at least three years, including at least one year in the UK; or
 if the non-EEA national has custody of the EEA national’s children; or
 there have been particularly difficult circumstances such as domestic violence; or
 if the non-EEA national has a right of access to children in the UK.
In those cases, after divorce the non-EEA national must be self-sufficient (with comprehensive sickness
insurance – see below), or be working or self-employed, until completing a total of five years’ residence, at
which point (s)he will acquire permanent residence. For cases falling under Article 13(2) of the Directive, a
divorce (or termination of the civil partnership) must have taken place in order for the non-EEA national to retain
his/her residence rights. Additionally, the UK authorities take the view that the EEA national must have been
exercising his/her Treaty rights in the UK on the date of the divorce. If you are in this category, we recommend
you get legal advice from the AIRE Centre or elsewhere.
If you have trouble proving that your EEA-national family member was exercising Treaty rights, the Home
Office have indicated that they will sometimes make their own enquiries. If you are dealing with a benefits
matter, the benefits authorities must make their own enquiries about whether your EEA-national family member
has been exercising Treaty rights if you are unable to prove this.

[khali8]

Hopeforeea4: thanks for your help..i read the link you posted in my reply which only say that eu national must be qualified person at the termination of marriage but it does not say from the initiation of divorce?????
And could you plz explain this paragaraph below plz:

(Cool A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United 
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case 
may be, and a family member who has retained the right of residence shall cease to have that 
status on acquiring a permanent right of residence under regulation 15.

It is only states what you have just read, I didn't see myself that starting point from the initiation of divorce unless someone else here could bring it up
Are you divorced yet? Was your eu partner exercising any treaty rights at all times?

Please see a reply from the Air center about the same issue you are concerned:


Divorce: Based on Article 13(2) of the Directive, if a non-EEA national stops being the family member of an
EEA national through divorce or the dissolution of a civil partnership, the non-EEA national can retain her/his
residence rights in certain circumstances:
 if the marriage or civil partnership lasted at least three years, including at least one year in the UK; or
 if the non-EEA national has custody of the EEA national’s children; or
 there have been particularly difficult circumstances such as domestic violence; or
 if the non-EEA national has a right of access to children in the UK.
In those cases, after divorce the non-EEA national must be self-sufficient (with comprehensive sickness
insurance – see below), or be working or self-employed, until completing a total of five years’ residence, at
which point (s)he will acquire permanent residence. For cases falling under Article 13(2) of the Directive, a
divorce (or termination of the civil partnership) must have taken place in order for the non-EEA national to retain
his/her residence rights. Additionally, the UK authorities take the view that the EEA national must have been
exercising his/her Treaty rights in the UK on the date of the divorce. If you are in this category, we recommend
you get legal advice from the AIRE Centre or elsewhere.
If you have trouble proving that your EEA-national family member was exercising Treaty rights, the Home
Office have indicated that they will sometimes make their own enquiries. If you are dealing with a benefits
matter, the benefits authorities must make their own enquiries about whether your EEA-national family member
has been exercising Treaty rights if you are unable to prove this.

No,,, My situation is completely fine... I just reading this laws and finds out this confusions... So i wants to discuss this issue on this forum...
What do they mean by this lines below plz:
If you are dealing with a benefits matter, the benefits authorities must make their own enquiries about whether your EEA-national family member has been exercising Treaty rights if you are unable to prove this.
What do they mean by Benefits matter over here.

[khali8]

Hopeforeea4:: And i still did not understand the meaning of this paragraph below, could plz make it brief in easy english.
(A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case
may be, and a family member who has retained the right of residence shall cease to have that
status on acquiring a permanent right of residence under regulation 15.)

In this paragraph, i could not understand what they meant

[khali8]

please reply

[khali8]

(A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case
may be, and a family member who has retained the right of residence shall cease to have that
status on acquiring a permanent right of residence under regulation 15.)

In this paragraph, i could not understand what they meant[/quote]
could someone plz explain it briefly... Would be very thankful.

[Imshzd]

(A person with a permanent right of residence under regulation 15 shall not become a family member who has retained the right of residence on the death or departure from the United
Kingdom of the qualified person or the termination of the marriage or civil partnership, as the case
may be, and a family member who has retained the right of residence shall cease to have that
status on acquiring a permanent right of residence under regulation 15.)

In this paragraph, i could not understand what they meant

could someone plz explain it briefly... Would be very thankful.[/quote]

A person with a permanent right of residence under regulation 15 shall not become a (dependent) family member who has retained the right of residence..............this is a common sence.PR not depends on ROR.

A person or a family member who has retained the right of residence shell loose the retain rights status when he/she acquire the status of permanent rights of residence.Again common sence.after retain rights of residence,next stage is PR.And after PR he/she will not under ROR.

Make any sence?

[khali8]

yes...thanks...