RETAINED RIGHT OF RESIDENCE - EEA2 or EEA4 form???

[Universal soldier]

Congratulations. Have you got eea2 (ROR) or eea4 (PR). For information, how you meet the requirement of EU national passport, either by submitting EU national original/photocopy of passport/ID.

[james2012]

Yes you can but you need to send all the documents you send for EEA4 application

Your EEA family member exercise treaty right:

26/01/2008 to 25/05/2012

You Exercise treaty right :

25/05/2012 - 26/01/2013

Proof of address from:

26/01/2008 - 26/01/2014

naturalisation with your PR certificate then you must wait 1 yr from issued date

Hi Askmepls82,

Sorry but I didn't get what you are saying about the BC application.
I have the documents proving my ex wife was exercising treaty rights from the date of marriage until the divorce, plus I have documents that I was exercising treaty rights from divorce until 26/01/2013 even until present day. I also got documents that could be used as proof of my address in UK from the date of marriage until today.

But I couldn't understand what do you mean by :
naturalisation with your PR certificate then you must wait 1 yr from issued date

As I said above my previous post, I received my PR issued in October 2013. And I believe that I am eligible for BC now although I didn't finish the 12 months with PR period. I tried to in my last post above explain why.

My question is : Am I eligible for BC now or not. I would very like to get your ideas about it dear friends.

[askmeplz82]

If you have all the documents ( Proving exercise treaty right) for 5 years from your marriage date you can apply now because it's already 6 years

[Jambo]

As said, it is all down to the evidence you have.

You are already eligible to naturalise as you have obtained PR status over 1 year ago. The question is whether you have evidence of treaty rights (mainly of your ex) to prove it. If not, might be better you wait 1 year after the PR Confirmation issue date as in that case, treaty rights evidence is not required (becaue the card proves you have PR for at least 1 year).

[james2012]

As said, it is all down to the evidence you have.

You are already eligible to naturalise as you have obtained PR status over 1 year ago. The question is whether you have evidence of treaty rights (mainly of your ex) to prove it. If not, might be better you wait 1 year after the PR Confirmation issue date as in that case, treaty rights evidence is not required (becaue the card proves you have PR for at least 1 year).

Thank you again Jambo. Well, I tried to gather these documents again, a big pile. And thanks to it, we succeed at the appeal process because we could provide all genuine documents at the court. I had sent at least half of it to my ex wife who was very helpful in all this process. It's been a while I post all these documents to her as she asked, and after she had some family issues, changing her job etc, we didn't contact since then. Now I'm now sure if I can get these documents from her, at least all of them, and again even if I got them all back there is a little chance that HO could refuse again because of any little detail etc on any document that I can provide etc etc. And again I might be refused just because of the colour of a document etc. And I have to carry it to the court/appeal etc etc.

I guess the best option is as you said, to wait a few months more, because I'm really tired of all these.

Thank you very much Jambo, with all my best wishes.

[teetee4Z]

@ james2012,

Please did you have to submit your ex wife's passport or photocopy?

To everyone in general pls I need advice.

In my case the wife has already obtained PR since 2012 unfortunately she want to now apply for divorce, meanwhile the marriage wld b 5yrs in oct this yr.

so I was just wondering if the decree absolute come out before the October, what and what would I need to provide from myside and that of my ex to be, in order to get PR after 5yrs of marriage?
Thanks in advance.

[james2012]

@ james2012,

Please did you have to submit your ex wife's passport or photocopy?

To everyone in general pls I need advice.

In my case the wife has already obtained PR since 2012 unfortunately she want to now apply for divorce, meanwhile the marriage wld b 5yrs in oct this yr.

so I was just wondering if the decree absolute come out before the October, what and what would I need to provide from myside and that of my ex to be, in order to get PR after 5yrs of marriage?
Thanks in advance.

Dear teetee4Z,,,

I guess you can get the best answer from our dear moderators,, I mean I might give you some answers and ideas, but still it could mislead you. So better if you can open a new topic and / or follow a more relevant topic to get advice about your case..

After warning you about all above, lets try to give you the answers that you might be looking for..

NO, I didn't submit my ex wife's passport or id card,
But copy of her EU national passport.
And a copy of her Nationality certificate,
And a copy of her British passport
And her tax records ( covering the time that we were married, and even 3 years before we met)
And the bills/ telephone.gas, electricity on both our names( covering 4 years)
Letters from the schools which proving her employment,
My payslips,
Letter from my manager
Plus, our marriage certificate,
And our decree absolute document,
And a letter from her accountant stating until when she was working and paying taxes( long after the divorce)
And her tax records that covers the time after the divorce.

I guess you have to prove these :
A) You are/were married to your EAA National spouse at least 3 years (before the divorce proceedings started)
B) and you have to live together in UK ( or any EU country) at least one year
C) Your EEA national spouse was exercising was a qualified person (exercising treaty rights in UK) until the divorce
D) And you were working legally and paying your taxes after the divorce, until you have completed 5 years period( starting from the date of your marriage,,, even if you divorced after 3 etc years).

since your wife got PR at 2012, you event do not need to prove that she was/is exercising treaty rights, but you still need to prove that she got PR at 2012.

I think you secure the ROR ( retained right of residence) even if you divorce before the 5 year period, but you still have to provide some documents to apply for ROR.

If she doesn't want to give you the documents you need for ROR, there are still some legal ways to get some of them. You may search the title " Spousal Maintenance" . Ask to a solicitor about it.

Let us know about pls what documents have you got about your marriage.
All the best.

[maxmelion]

@james 2012
Just one question james
Does ur ex BC helped u for the ror or the PR ?
My wife was granted BC on 2012 but applying without eea3 she applied after 5 years continues working nd living in uk
She un willing to help me SO
Some people say if she lived 5 years in uk continuos nd u proshe aquird PR automatic if u prove that she was qualify 4 that which i can send my ex BC letter naturism from ho orginal with copy if her BC .
Some poeole say eu nd BC are different staff nd in diffrent places so BC is useless without applying for eea3 for non eea.

Which one is right?

[teetee4Z]

Hi james2012

Thank you so much for your response.

I am still hoping we can work things out but if she goes ahead with the divorce, she is willing to give me a copy of her PR.

I was also advised by a friend that if the decree absolute is not out by October 2014 the date of our 5yrs marriage, I can put in my application for PR as a married couple.

So if I am to do this, do I present the same documents you listed minus the decree absolute or do I submit only her PR, my passport and marriage certificate?

Meanwhile I have been working full time for the last 6yrs and still in full time employment. Also my RC is still valid till 2015.

Look forward to any kind of advice from everyone. Thanks.

[teetee4Z]

Hi james2012

Thank you so much for your response.

I am still hoping we can work things out but if she goes ahead with the divorce, she is willing to give me a copy of her PR.

I was also advised by a friend that if the decree absolute is not out by October 2014 the date of our 5yrs marriage, I can put in my application for PR as a married couple.

So if I am to do this, do I present the same documents you listed minus the decree absolute or do I submit only her PR, my passport and marriage certificate?

Meanwhile I have been working full time for the last 6yrs and still in full time employment. Also my RC is still valid till 2015.

Look forward to any kind of advice from everyone. Thanks.

[james2012]

@james 2012
Just one question james
Does ur ex BC helped u for the ror or the PR ?
My wife was granted BC on 2012 but applying without eea3 she applied after 5 years continues working nd living in uk
She un willing to help me SO
Some people say if she lived 5 years in uk continuos nd u proshe aquird PR automatic if u prove that she was qualify 4 that which i can send my ex BC letter naturism from ho orginal with copy if her BC .
Some poeole say eu nd BC are different staff nd in diffrent places so BC is useless without applying for eea3 for non eea.

Which one is right?

Hi maxmelion,
Yes, my ex wife helped me in all this process, and we get close again, and that made us to realise that divorce was a big mistake( especially I felt that, as I wanted to divorce), lets see how the second chapter will be between us.

I don't know which application is better for you really, but I know that if your spouse is an EEA national,and has been living in UK for 5 years then she/he gets PR status automatically, so she/he doesn't need to apply for PR. The 6'th year she/he is eligible for BC and can apply for naturalisation after passing Life in UK and English tests.

For you PR application, yes, applying as spouse of an EEA national or spouse of a PR is two different applications. And you might be eligible for both, but I don't know which one you can benefit more.
Thus I advice you to write down your story in short sentences, giving the basic details of your marriage, dates etc, and what documents have you got to prove your relation.
Then open a topic under EEA-route applications. Check the discussions, and see if there is an answer for you there.

Good luck.

[james2012]

Hi james2012

Thank you so much for your response.

I am still hoping we can work things out but if she goes ahead with the divorce, she is willing to give me a copy of her PR.

I was also advised by a friend that if the decree absolute is not out by October 2014 the date of our 5yrs marriage, I can put in my application for PR as a married couple.

So if I am to do this, do I present the same documents you listed minus the decree absolute or do I submit only her PR, my passport and marriage certificate?

Meanwhile I have been working full time for the last 6yrs and still in full time employment. Also my RC is still valid till 2015.

Look forward to any kind of advice from everyone. Thanks.

Hi again,

Well, we still don't know what documents have you got to prove your relation. If you are saying that you got the same documents which I wrote down in my previous posts, then you got it all.

As I said before, it could be better to write YOUR case's DETAILS for you and other people who might advice you ( especially our kind moderators-gurus) to see a brief picture of your case. Because it's sure that people wouldn't spend time to check my case-details to answer your questions. Just a guess.

Alternatively you may open a new topic under EEA-route applications, with a fresh title, but again write down the details of your marriage, documents etc briefly, and ask the question.

I can try to answer some of your questions. 1. You are still married until the decree absolute is produced. For this, you have the read and sign the divorce documents that the court will send you. If you don't sign there will be no divorce soon, and even if you are having problems in your relation you are still married.

And if she supports you at your PR application, then you can get her documents proving she is exercising treaty rights until the end of this 5 years period. Put all your and her documents together covering this 5 years and send with your PR application. You might be living in different houses for some time, but that doesn't break the fact that you are still married.

OR if you don't have time and have to divorce before the 5 years, you can still apply for ROR proving that you were married for at least 3 years and one year in UK, and she was exercising treaty rights up to time of decree absolute.

After you got your ROR, you can wait until the end of this 5 year period again(starting with the date of you marriage, until this october 2014 in your case) and apply for PR.

Good luck.

[maxmelion]

After read ur post a copy of her PR is usless . Ho dont accept copies . . So if she willing to give u a copy so its usless . Must orginal or at least the letter who come with it .

Hi james2012

Thank you so much for your response.

I am still hoping we can work things out but if she goes ahead with the divorce, she is willing to give me a copy of her PR.

I was also advised by a friend that if the decree absolute is not out by October 2014 the date of our 5yrs marriage, I can put in my application for PR as a married couple.

So if I am to do this, do I present the same documents you listed minus the decree absolute or do I submit only her PR, my passport and marriage certificate?

Meanwhile I have been working full time for the last 6yrs and still in full time employment. Also my RC is still valid till 2015.

Look forward to any kind of advice from everyone. Thanks.

Hi again,

Well, we still don't know what documents have you got to prove your relation. If you are saying that you got the same documents which I wrote down in my previous posts, then you got it all.

As I said before, it could be better to write YOUR case's DETAILS for you and other people who might advice you ( especially our kind moderators-gurus) to see a brief picture of your case. Because it's sure that people wouldn't spend time to check my case-details to answer your questions. Just a guess.

Alternatively you may open a new topic under EEA-route applications, with a fresh title, but again write down the details of your marriage, documents etc briefly, and ask the question.

I can try to answer some of your questions. 1. You are still married until the decree absolute is produced. For this, you have the read and sign the divorce documents that the court will send you. If you don't sign there will be no divorce soon, and even if you are having problems in your relation you are still married.

And if she supports you at your PR application, then you can get her documents proving she is exercising treaty rights until the end of this 5 years period. Put all your and her documents together covering this 5 years and send with your PR application. You might be living in different houses for some time, but that doesn't break the fact that you are still married.

OR if you don't have time and have to divorce before the 5 years, you can still apply for ROR proving that you were married for at least 3 years and one year in UK, and she was exercising treaty rights up to time of decree absolute.

After you got your ROR, you can wait until the end of this 5 year period again(starting with the date of you marriage, until this october 2014 in your case) and apply for PR.

Good luck.

[teetee4Z]

James2012 Thank you so much for your advice and response. Will do as you have advised.