How to sponsor non eea wife after ROR following divorce

[jon luis]

Hello Guys

I have an issue and really hope someone can help. I searched the forum already and could not find an answer.
Basically, I was married to an EEA national for 3 years and 5 months but as things didnt work well we finally divorced. I did not apply for retention of rights but I qualify for it since i have all proof my ex wife was excercising treaty rights until the decree absolute which was pronounced last month, and I am working as in IT earning 30k a year.
I have a new partner who is a non EEA on a tier 4 student visa valid until April 2014, we met about a year ago and have just taken things seriously
recently and are considering getting married in January. We would like her to switch from the student visa to a spouse/dependant visa after we marry, however when i called the home office to explain the problem they stated that it would not be possible as I am not an EEA national myself and do not yet have the PR ( I will acquire PR in May 2014 if my circumstances havent changed), they asked me to contact an Immigration adviser for advice regarding this as they are not immigration advisers.

- Does anyone please know whether it can be possible for my new partner to switch to a spouse/dependant visa when we marry ?
- If Yes , does anyone please know how I can make such an application ? Or a good solicitor I may contact for this kind of matters ?

All your help would be much appreciated.. many thanks in advance

[waqas123]

Hi jon !!
I have exactly same situation like you,exactly same.
Married may 2009
Married 3.5 years
Applying decree absolute on 20th jan
Lived together 1.4 years during marriage
Work together same place during 1.4 years got wife pay slips and p45.
Not applying for ROR,caz solicitor i need to wait till may 2014 so 5 years will complete and i can apply Ilr,
Now thinking to marry in april 2013 with tier4 student visa girl,
Any advice?

[mobismome]

wait until you get your pr that is when it can be possible otherwise it cannot work now as you are not an eea national or a permanent resident

[jon luis]

to waqas123 .. we indeed seem to be on the same boat..

wait until you get your pr that is when it can be possible otherwise it cannot work now as you are not an eea national or a permanent resident

waiting until the PR is straight forward, however there don't seem to be a law which says that before PR a non EEA national with ROR
cannot sponsor their new spouse/dependant this is what makes it complex and moreover the reason I am here to see if anyone ever faced that issue and how they handled it.

Any further advice ?

[Greenie]

There is not a law that says that they cannot sponsor before they have pr, rather there is no law to say that they can (either under the immigration rules or Eea regulations). You therefore have to wait.

[waqas123]

Hi jon!
Did you apply for ROR, caz my solicitor said i dont need to apply and i need to wait until my years completed,starts from my marriage date 23may 2009 till 23 may 2014,
So above all reading my case and fthe evidence i have, what you will sujjest me ?

[jon luis]

Hi jon!
Did you apply for ROR, caz my solicitor said i dont need to apply and i need to wait until my years completed,starts from my marriage date 23may 2009 till 23 may 2014,
So above all reading my case and fthe evidence i have, what you will sujjest me ?

waqas123 , you do not need to apply for ROR as your solicitor also said, as long as you indeed can demonstrate that your ex wife has excercised treaty rights up until the decree absolute is pronounced. ROR is supposed to be automatic

If i find it impossible to sponsor my new wife, I will apply under Tier 2 worker ( which i think i can) as my company can provide sponsorship , that way i think i would be able to sponsor her.

[Obie]

Unfortunately you cannot apply under tier 2 in the UK you will need to go out.

There is not a law at present that covers your situation. It will be best for her to make an application, and show she meet all the requirements in the immigration rules as partner of someone with a leave to Remain or settlement status/ British Citizen, safe for leave to remain.

If the application is refused, then Judicial Review it , as you will have a strong case under Article8 or Article7 of the Treaty of Fundament Right.

I know it is not strictly speaking a requirement to apply for ROR, but it is usually advisable to do so, as you will be asked about your status by an Immigration Officer if you ever travel and reenter the UK. You will be on the HO system as a married spouse of an EEA national, if you then tell them you are divorce, you will then need to prove to the Immigration Officer that you retained your right of residence. This will take time and further delay especially if you don't have the documentation of her treaty right at time of divorce with you at the airport. If your PR is months away then don't bother. But if it is years away, i will advice to apply.

I usually advice people to apply,as you never know what changes could be round the corner, and secondly having the ROR, gives you reassurance that you are on your own and not dependant on anyone.

I wish you all the best.

[ravii]

After divorce you have to inform HO as soon as possible because at the time of RC,HO also sent you a letter with RC in which clearly HO advised you to inform if you personal circumstances ever change by death,departure or by legal proceedings.

[Obie]

Also see below.

A non-EEA national who is the spouse / civil partner of an EEA national does not cease to be a family member in the event of marital breakdown / separation as long as the EEA national continues to exercise Treaty rights in the United Kingdom.
The non-EEA national continues to have a right of residence until such time as a divorce is finalised, (Decree Absolute obtained) / the civil partnership is dissolved.
However, a non-EEA national spouse / civil partner will lose their right of residence if the EEA national leaves the United Kingdom, unless the non-EEA qualifies for a retention right of residence as detailed in the following section.
Policy is to revoke or to refuse to issue / renew a Residence Card in the event of divorce / dissolution of civil partnership, or when there is evidence that the EEA national has left the United Kingdom, unless the non-EEA qualifies for a retention of a right of residence.

The above may indicate that the UKBA holds view that, if a non-EEA national is encountered, and it is established they are divorce to their EEA national sponsor, then their first responce will be to revoke their existing Residence Card, which they obtained as a family member, unless they can furnish the necessary document, by means of applying, and demonstrate they retain their right of Residence.

[jon luis]

Also see below.

A non-EEA national who is the spouse / civil partner of an EEA national does not cease to be a family member in the event of marital breakdown / separation as long as the EEA national continues to exercise Treaty rights in the United Kingdom.
The non-EEA national continues to have a right of residence until such time as a divorce is finalised, (Decree Absolute obtained) / the civil partnership is dissolved.
However, a non-EEA national spouse / civil partner will lose their right of residence if the EEA national leaves the United Kingdom, unless the non-EEA qualifies for a retention right of residence as detailed in the following section.
Policy is to revoke or to refuse to issue / renew a Residence Card in the event of divorce / dissolution of civil partnership, or when there is evidence that the EEA national has left the United Kingdom, unless the non-EEA qualifies for a retention of a right of residence.

The above may indicate that the UKBA holds view that, if a non-EEA national is encountered, and it is established they are divorce to their EEA national sponsor, then their first responce will be to revoke their existing Residence Card, which they obtained as a family member, unless they can furnish the necessary document, by means of applying, and demonstrate they retain their right of Residence.

Thanks Obie I have made my mind up and have decided to go out of the the UK and apply under the Tier 2 Route, I'm not just very familiar with that route , and do you please know if my wife would then be able to switch to the spouse/dependant visa within the UK when I get the Tier 2 Visa ? Or does she also need to apply from outside the Uk ?

Many thanks in advance

[Obie]

Well it is a bit of a drastic step. There is a bit of hurdles with the Tier 2 option. An ECO will ask why you are seeking it, when there is no need for doing so. It could be refused if it is established that you are seeking Tier 2 for reasons other than that for which that provision was made. The immigration rules privides for this. Furthermore she has leave that is valid for about 16 months. By the time it finishes you may have qualified anyway. You really should seek proper advice before embarking on this mission.

[waqas123]

hi jon !!
did u apply for ROR ?
or you are waiting like me for finishing your 5 years after your marriage date?
and also did you find any solution for applying visa for your wife?

[jon luis]

hi jon !!
did u apply for ROR ?
or you are waiting like me for finishing your 5 years after your marriage date?
and also did you find any solution for applying visa for your wife?

Hi waqas123
I did not apply for ROR but I contacted a Barrister who explained that He could secure me a Tier 2 Visa In the country given my circumstances and that it would cost £1200 and might take up to 2 months then I could Marry my new partner in the UK but she would need to travel back home to reapply as a spouse.

I haven't opted for it yet, but it's another option to take into account

[Obie]

Also see.

245GD. Requirements for leave to remain

To qualify for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant under this rule, an applicant must meet the requirements listed below. If the applicant meets these requirements, leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(b) if the applicant is applying for leave to remain as a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category:

(i) the applicant must have, or have last been granted, entry clearance, leave to enter or leave to remain as either:



(1) a Tier 2 (Intra-Company Transfer) Migrant in the Long Term Staff sub-category, or

(2) a Tier 2 (Intra-Company Transfer) Migrant in the established Staff sub-category under the Rules in place before 6 April 2011, or

(3) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(4) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer, or

(5) as a representative of an overseas Business, and

(ii) the applicant must still be working for the same employer as he was at the time of that earlier grant of leave.

[rochester8454]

Dear All

i am new on this fourm i want some information about ror 3 year law is after divorce or after rc and what documents need for ror thanks for your help