ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Applying for PR with retained rights

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Applying for PR with retained rights

Post by Guerro » Wed Jan 01, 2014 10:56 am

Hello and happy new year to everyone,

I have retained rights acquired after divorce and now I am eligible to apply for PR as it is 5 years in the UK. My question is: shall I put all papers for 5 years (marriage+divorce+mutual cohabitation+work) or work papers after retained rights+retained rights endorsement and letter (as it is quite simple that being issued with retained rights means I was qualified at the time)?

Final question, is British citizenship one year from the date I acquired PR or one year from the date PR was issued?

Thanks

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 05, 2014 9:49 pm

Hi mate . Can i ask u question plz ? I remember ur post whenapplied for ror could u tell me plz what did do for it . I do remember ur ex didnt help u nd u relied in amos case . Im in same sitution now . My wife got pr nd she qualify but she is not willing to help me .
Guerro wrote:Hello and happy new year to everyone,

I have retained rights acquired after divorce and now I am eligible to apply for PR as it is 5 years in the UK. My question is: shall I put all papers for 5 years (marriage+divorce+mutual cohabitation+work) or work papers after retained rights+retained rights endorsement and letter (as it is quite simple that being issued with retained rights means I was qualified at the time)?

Final question, is British citizenship one year from the date I acquired PR or one year from the date PR was issued?

Thanks

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for PR with retained rights

Post by askmeplz82 » Wed Feb 05, 2014 11:45 pm

UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: Applying for PR with retained rights

Post by Jambo » Thu Feb 06, 2014 6:14 am

All 5 years.

RoR only proves treaty rights at the time of the divorce (one time point or maybe a few months during the proceedings). For PR you need to prove treaty rights during the full duration of your marriage.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Re: Applying for PR with retained rights

Post by Guerro » Mon Feb 10, 2014 10:01 pm

@maxmelion:

If your wife holds PR card you need a photocopy of it and the letter accompanying it and that would make things much easier. If she qualifies for PR but not issued with one you need to show evidence she was exercising treaty rights till divorce so obviously you need her help

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Tue Feb 11, 2014 10:04 am

Thanx Guerro for help
I had the biggest shocked ever that she hasnt got PR and she applied for BC straightway after living in uk past 5 year working in 2012 its weird bcos eea dont have to apply for eea3 nd they can apply for naturalism straightway .
However i got question please
I have got the ukba oroginal letter for invition to cermony ( which was sent by HO when they approve ur application as successfull ) and colourcopy of her british passport DO YOU THINK THAT WILL HELP SPECIALLY I KNOW IF ANY EEA LIVEF IN UK 5 CONTINUES YEARS AUTOMATIC AQUERD PR AND MY EX ALREADY GOT BR AFTER PROVED 5 YEARS STAFF ON 2012?


Guerro wrote:@maxmelion:

If your wife holds PR card you need a photocopy of it and the letter accompanying it and that would make things much easier. If she qualifies for PR but not issued with one you need to show evidence she was exercising treaty rights till divorce so obviously you need her help

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for PR with retained rights

Post by askmeplz82 » Tue Feb 11, 2014 10:39 am

little complicated because it's in two different location and department . EU application in Liverpool not sure where is BC

But you can send all the documents you've got and write a cover letter highlighting this ( your EX-EEA family member already BC )

You can also apply for BC without PR like your EX. PR is just confirmation it's not compulsory like ILR
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Tue Feb 11, 2014 1:51 pm

I havnt complete 5 years yet .
Our married was 6 years ago in my country then i moved to uk end of 2010 si only live in uk 3 and 8 month
And we havnt divorce . She applied for divorce but i havnt recieve anything yet .
So what do u think in my option please ?

askmeplz82 wrote:little complicated because it's in two different location and department . EU application in Liverpool not sure where is BC

But you can send all the documents you've got and write a cover letter highlighting this ( your EX-EEA family member already BC )

You can also apply for BC without PR like your EX. PR is just confirmation it's not compulsory like ILR

Guerro
Member of Standing
Posts: 313
Joined: Fri Aug 27, 2010 6:48 am

Re: Applying for PR with retained rights

Post by Guerro » Tue Feb 11, 2014 8:04 pm

I think it is understood when someone is issued with BC that they already hold PR status. All you can do, same like myself 2 years ago, is just apply with all papers you have and write a bullet point letter short and to the point explaining your situation. It is hard when ex is not helping

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 12, 2014 12:49 am

I know guerro i read ur topic melion time
The problem is my wife will do anything to send me my country . One of her friends told she is gona leave note to leave work . As she started divorce steps
So im willing now to that letter of her naturalism letter nd copy of her british passport .

Guerro wrote:I think it is understood when someone is issued with BC that they already hold PR status. All you can do, same like myself 2 years ago, is just apply with all papers you have and write a bullet point letter short and to the point explaining your situation. It is hard when ex is not helping

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for PR with retained rights

Post by askmeplz82 » Wed Feb 12, 2014 8:52 am

Whatever she does she can't send you anywhere. You have full right to stay here in the UK because married more then 3 years and your wife already a qualified resident ( PR + BC ) so you don't have to prove she is working anymore .

i will advise you to EEA4 for PR application first because it's cost £55 only but naturalisation is expensive
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 12, 2014 11:58 am

Even though she didnt apply for pr she applied for bc striaghtway
We married 2008 and came to uk 2010 full time (50hour )
So
i got proves we lived together 3 nd half year in uk
I got all my p60 nd p45
I got tax repayd i think p800 (i paid over tax nd they pay me money back ) i used to work two jop
I got her ukba letter approved her application nd date of cermony ( with bc copy passport) 2012
I got my ex p60 for 2013 ( the year after her bc )

So what do u think ?
When u think i can apply for pr?
Divorce will take at least 6 month so i will copmlete 4 years by then .

askmeplz82 wrote:Whatever she does she can't send you anywhere. You have full right to stay here in the UK because married more then 3 years and your wife already a qualified resident ( PR + BC ) so you don't have to prove she is working anymore .

i will advise you to EEA4 for PR application first because it's cost £55 only but naturalisation is expensive

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for PR with retained rights

Post by askmeplz82 » Wed Feb 12, 2014 4:23 pm

your work is not important before divorce : in order to qualify for PR you must wait

5 years after marriage if you married in the UK
5 years after landing in the UK as EEA family member. it really doesn't matter how many years you married if you been living outside UK
so your case 2015

You living together is not important here but as you said she is BC already you need to send some documentation to prove it. UKBA may try to play with you if you don't have everything but you are on safe side because she is BC
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 12, 2014 4:43 pm

askmeplz82 wrote:your work is not important before divorce : in order to qualify for PR you must wait

5 years after marriage if you married in the UK
5 years after landing in the UK as EEA family member. it really doesn't matter how many years you married if you been living outside UK
so your case 2015

You living together is not important here but as you said she is BC already you need to send some documentation to prove it. UKBA may try to play with you if you don't have everything but you are on safe side because she is BC

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 12, 2014 4:45 pm

[
So
Do u think homeoffice british citizen invitation + colore photocopy of her british passport is enough for RoR ?




quote="maxmelion"]
askmeplz82 wrote:your work is not important before divorce : in order to qualify for PR you must wait

5 years after marriage if you married in the UK
5 years after landing in the UK as EEA family member. it really doesn't matter how many years you married if you been living outside UK
so your case 2015

You living together is not important here but as you said she is BC already you need to send some documentation to prove it. UKBA may try to play with you if you don't have everything but you are on safe side because she is BC
[/quote]

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: Applying for PR with retained rights

Post by askmeplz82 » Wed Feb 12, 2014 8:58 pm

If that's all you have what you can do. if UKBA want they can confirm this in their system. They know they can but still recently i've seen many cases case worker refuse the application for silly reason. They have to because they get bonus based on refusals. More refusal more bonus
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

maxmelion
Member
Posts: 228
Joined: Mon Jun 10, 2013 5:20 pm
Contact:

Re: Applying for PR with retained rights

Post by maxmelion » Wed Feb 12, 2014 9:35 pm

I have nothing to do i will send thm nd 8f refuse will have to see lawyer then :(
Thanx alot askmeplz82
askmeplz82 wrote:If that's all you have what you can do. if UKBA want they can confirm this in their system. They know they can but still recently i've seen many cases case worker refuse the application for silly reason. They have to because they get bonus based on refusals. More refusal more bonus

Locked