Retaining right of residence after a divorce with an EEA

[noodles]

Sorry , i meant Case worker and not care worker, typo...(but in reality, care workers are even smarter than HO case workers anyway )

[bobobo]

I reckon that mzenzen doesnt need a lawyer right now, he can do exactly what the lawyer will do i.e. write a letter to clear the confusion, the lawyver will charge £££. I suggest that mzenzen should clear the confusion and only hire a lawyer if the HO come up with excuses or refuse application. At the present moment no lawyer can do anything extra. I have seen the HO refuse apaplications even when lawyers represent people if they are not happy with things...nothing you cando really other than go with the flow.......decision rests with mzenzen

[noodles]

I agree with you, if your case is straight forward then go ahead on your own but if you think it's a bit wobbly, i would strongly advise to get a GOOD lawyer involved.

[mzenzen]

Thx for the ideas guys.. I will send them a letter tomorrow to follow up my conversation with the 2advisors.. Until now it appears to be a simple mistake caused by my informative letter.. So i'd like to think that there is no need for a lawyer at the moment. I will try to push to get a letter from them explaining the whole thing to cover my back from any future surprises related to this stuff.. Other then that.. Now it's the waiting torture..

[mzenzen]

Thx for the ideas guys.. I will send them a letter tomorrow to follow up my conversation with the 2advisors.. Until now it appears to be a simple mistake caused by my informative letter.. So i'd like to think that there is no need for a lawyer at the moment. I will try to push to get a letter from them explaining the whole thing to cover my back from any future surprises related to this stuff.. Other then that.. Now it's the waiting torture..

[mzenzen]

Ok guys, this is the letter i am sending to the Ho to clarify the situation, please have a read and feel free to give your ideas that u think would be necessary to add. im sending it tomorrow morning.

((( Dear Sir / Madam,

When I received my Residence Card on the xx xx I also received a letter explaining that I would need to inform the Home Office if my circumstances change or I stop being a family member of the EEA National.

On the 2nd of June 2010 I sent an informative letter to the Home Office explaining that sadly my marriage with my Ex-wife had come to an end, and also kindly asking to be provided with the list of documents that the HO would require from me to make an application for retaining my right of residence. 1.5 month later I called and spoke to one of the advisors, who kindly explained that the HO would not reply to an informative letter, the advisor also supplied me with the list of documents I needed for my application.

On Friday the 12th of November 2010 I received a letter From The Home Office with the case ID xx xx xx stating that my application for permanent residence has been refused, I also received other documents explaining the reasons of the refusal and how to appeal if I wanted to. The refusal letter was referring to my informative letter that I did send the 2nd of June 2010 as an application.

I would like to kindly inform you that the letter that I did send on the 2nd of June was only an informative letter and not an application of any kind. I would also like to kindly inform you that I did send my application with all the required documents as advised by the HO advisers and it has been received on the 9th of October 2010, My Case ID is xx xx xx as stated in the certificate of application that I have received on the xx xx xx.

I have spoken to two advisors on Monday the 15th November 2010 to clarify the miss-understanding and they have confirmed that considering my informative letter as an application was a mistake and stated that they were aware of my ongoing application with the case ID xx xx xx.

It would be highly appreciated if you could please send me a letter clarifying this situation for future reference.

Awaiting your prompt reply, Please accept my sincere regards.

Nour-eddine Abderrahim)))

Please share your ideas.

Thanks

[mzenzen]

come on people.. any ideas before i send it???

[bobobo]

looks good

[beehive]

After been told by 2 advisors at the call centre, I wrote a letter and included all the information required to the UKBA informing them of my divorce from the EEA national ( this was in April 2010) I got a letter back saying the case will be looked into by a caseworker. During the summer holidays, I had to travel with my kids and I called them a few times just to make sure it was ok to travel as I have my passport with me. I was told by an advisor there shouldn't be a problem and there wasn't when I was coming back. I was even told by the immigration officer to use the EU gate when I'm travelling with my children.

Anyway, I called the UKBA a couple of weeks ago to ask if there was any update, I was told by the first advisor to send in an applications form (EE4). I tried telling her that I have sent in a letter already as per the advice of a previous advisor. I called again the next day ad explained to another advisor I have already sent a letter with information and that i would like an update. She also said, since I have not made a application then there won't be any update to give. I told her about the letter I received from the UKBA when i sent in the letter and all the documents, she said, well, the correct procedure is for me to send in an application form. Later, she said she was going to send a message to a caseworker to get in touch with me and tell me what I need to do.

I am still waiting for that letter. Should I just leave things as they are or write a letter.

Thanks in advance!!

[mzenzen]

and the wait continues!! still didn't hear anything so i will call them tomorrow and ask, application ongoing since begining of october so just under 4 months. aaaaahhhhhhhhhhhhhh

[mzenzen]

hi everyone,

i dont know if it's good news or not, so can you guys give your opinions, as i know this has happened with morpheo before.

i got my documents and passport back, BUT it's a new endorsement of 5 years as a family memeber of an EEA national, that is the same as the one i have got already, and there is nothing that states that i have retained my right of residence!!!!

so does that mean i will have to wait for the whole 5 years they have issued me with now to apply for my PR or do i just take the old one in consideration?

2nd question is how do i answer the Passport control in airports when they ask me where is my wife!!????

any ideas?????

Thanks everyone

[ngueda2009]

it is a good news all you have to do when travelling is to tell the io you have divorced and informed the ho that is why you have a new rc. as for pr, you have to count the five years from the time you got married .

[mzenzen]

oh ok that sounds good, but why can't they just send a letter explaining the situation, i still got 2 years before i apply for my PR based on the old RC so i rather have it that way then have to weight 5 years starting from the new one, well i guess that is it then!!!!! i retained my right of residence... i'm glad it's done...

i spoke to one of the HO advisors and they told me to fax my case worker asking him to send me a confirmation with my case.. a letter or something, which i will do tomorrow..

Thanks everyone for the info from the start...

[bobobo]

Please see the following thread and this hsould answer your questions
http://www.immigrationboards.com/viewtopic.php?t=64005

[deepti]

hello i am going to apply for retaining the right of residence after the expiry of my permit of 5 year because my divorce is still in process .is this right or should i apply before?

[bobobo]

I am afraid you can only apply for retaining the rights of residence after you are granted the Decree Absolute. Also If you have already been married for 5 years (Which I presume you have as your 5 year card is now expiring) then you can just apply for PR and submit the whole list of documents required. There are many posts in this topic which tell you what docs you should send to the HO.

[deepti]

Thanks for your reply.how can i apply for PR without my spouce passport?

[bobobo]

You will automatically qualify for PR if you have stayed in the UK for 5 years, been married for atleast 3 and are now divorced from the EEA national spouse. You would need to prove that your spouse was exercising treaty rights for the 5 years, specially from the point of divorce initiation until the grant of decree absolute.
In addition you would need to show co-habitation, etc..
You can apply for EEA4 with the above information and since you would be divorced you would not need your ex's passport[/b]

[IMMIGRATION LAWYER]

As long as the 5 year period was a qualified period under the Immigration (EEA) Regulations 2006, that is, you had be be a family member of an EEA national.

[bobobo]

Not sure what you mean. Somebody can be married to an EEA National for 4 years, they can then go through a divorce , the Non EEA national can still apply fo PR after they complete 5 yrs in UK. They should ideally apply for Retain Rights of residence but if this coincides with the PR applicaton then the PR application can be made directly as long as sufficient proof of marriage is provided along with Proof of exercising treaty rights etc..etc..

[mcovet]

Reg10(8) 2006 is clear- person who is eligible for PR CANNOT apply to retain rights, there is no such things, you only retain rights which leads u to PR. if u already have pr u r not allowed to apply to retain rights

[mcovet]

Reg10.8 2006 is clear- person who is eligible for PR CANNOT apply to retain rights, there is no such things, you only retain rights which leads u to PR. if u already have pr u r not allowed to apply to retain rights there is no such thing