RETAIN RIGHT OF RESIDENCE CARD AS A DIVORCE FROM EEA WIFE

[imran2006]

I am inside UK and the application form for retained right of residence is for outside UK so how come I could apply for retained right of residence from inside UK as it clearly mentioned in the form,...(you must be outside UK)

[Obie]

Hi noajthan
Thanks very much for replying

As I have been to many solicitors they said I dont need to apply for ROR as if u divorce its automatically ROR they are saying retain right of residence means you must have decree absolute.
And they are also saying I am eligible next year sep 2016 for permanent residence.

Now I am having all the documents and yeah she is working paying taxes and I have all the documents from last 4 years as well.

Now the solicitor says you have to tell them why u spend 14 months outside UK its not a big issue .

Please let me know is this right or not? shall i apply for permanent residence in sep 2016 am i eligible and what about 14 months as my mother got ill and I was with my mother to care of her.

Please

It's all rubbish they are talking.

You were out for 14 months.

This has the potential of breaking your continuity of residence, which is relevant to regulation 10 (5).

Funny the solicitors or so called solicitors did not advise to resolve this or advised that this will have a significant impact on Permanent Residence.

[noajthan]

Now its getting more complicated as I have seen in this forum people with divorce got permanent residency

Where should i go now ?

why my friend got permanent residence if he divorced he didnt applied for ROR kind of thing

I am here on this forum to get a helpful advice

how to get permanent residence after divorce short question?
If I have got decree absolute then what to do
this is my question please

Your friend's case may be different from your case & your timings.

You need to retain rights to have a legal basis to stay in UK & continue towards acquiring PR!

If no RoR then no UK.

You can see some example cases here:
http://www.immigrationboards.com/eea-ro ... 58493.html

[imran2006]

ok send me ROR application link form inside UK then and done let see how would i take this permanent residence now ill show u if no ror

[Obie]

Rights under EU law occurs automatically , once acquired, it it exist without the need for application to get it.

I am afraid that both you and Imran's solicitor have advised him in a way that I think is wrong.

Imran's absence was excessive, he will need to show that the absence fall within the important reason that will not break continuity of residence, for him to qualify.

As things stand, and in the absence of the justification required in Regulation 3, Imran does not qualify for ROR, neither does he qualify for the Residence Card he hold and neither with he qualify for PR next year.

[noajthan]

ok send me ROR application link form inside UK then and done let see how would i take this permanent residence now ill show u if no ror

You are unlikely to be in a position to apply for confirmation of PR yet.
You have previously been advised to dig into the impact of your absence from UK.
Apart to chatting to some 'solicitor friends' it appears you have not done that.

I suggest you get some professional help as you appear to be making no effort to understand the information and links posted.

[imran2006]

whats in the link u send to me its nothing special I have got all the evidence bank statement everything I think u never been to my first query as i mentioned i have all the proofs we are not on any kind of benefits

there is nothing in the link related to me the guy saying he dont have proof

[fatimahh]

[quote="Obie"]As things stand, and in the absence of the justification required in Regulation 3, Imran does not qualify for ROR, neither does he qualify for the Residence Card he hold and neither with he qualify for PR next year.[/quote]

Please for my own knowledge, if Imran EEA partner was present and exercising treaty right while away, does the non EEA absence matter. I was under the impression that only EEA absence will affect the RC. Aslo - if Imran no longer qualify due to such lenghy absence how come imran was allow to enter the UK and visa not curtailed? Maybe officer never checked nor asked how long op was away .

[pains]

Thank you everybody for replaying …..
I'll apply for it next week or begin of June …
Any one would know how long it takes for HO decide?

I will be back posting the result, when i get my case done...

Hi Obie and all who can help me with some information

I did apply for my retantion of RC after divorce on 26 of may 2015 but still waiting ....
its normal?
Also when it arrive can i apply for PR? I did get marry in July of 2011

Thank you all...