retained right of residence

[topmic]

pls guys, i need some advice,

got married to EEA march 2009 in Africa
come to UK may 2009 with a visiting visa
apply for residence card 2011 April
got residence card July 2011
divorce January 2013
got absolute decree march 2013
and she has been working since December 2010 and have all the proof till march 2013 , but no proof from march 2009 to November 2010 because she is not working then,
what can i do, can i go ahead and apply for retained right of residence

[Imshzd]

Yes go ahead for ROR.

[Obie]

pls guys, i need some advice,

got married to EEA march 2009 in Africa
come to UK may 2009 with a visiting visa
apply for residence card 2011 April
got residence card July 2011
divorce January 2013
got absolute decree march 2013
and she has been working since December 2010 and have all the proof till march 2013 , but no proof from march 2009 to November 2010 because she is not working then,
what can i do, can i go ahead and apply for retained right of residence

I believe you should be alright.

[askmeplz82]

what can i do, can i go ahead and apply for retained right of residence

---------------------------------

- 3 yrs marriage , 1 year UK, exercise treaty right during divorce

Go ahead...

[XABI]

what can i do, can i go ahead and apply for retained right of residence

---------------------------------

- 3 yrs marriage , 1 year UK, exercise treaty right during divorce

Go ahead...

"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice

[askmeplz82]

what can i do, can i go ahead and apply for retained right of residence

---------------------------------

- 3 yrs marriage , 1 year UK, exercise treaty right during divorce

Go ahead...

"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice

A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.

There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.

[XABI]

what can i do, can i go ahead and apply for retained right of residence

---------------------------------

- 3 yrs marriage , 1 year UK, exercise treaty right during divorce

Go ahead...

"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice

A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.

There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.

Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR

[askmeplz82]

---------------------------------

- 3 yrs marriage , 1 year UK, exercise treaty right during divorce

Go ahead...

"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice

A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.

There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.

Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR

*************

Divorce proceeding - decree absolute ( 4- 6 ) months .


Regulation 10.5 :

prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

And UK home office added this in that regulation :

In order to retain a right of residence under regulation 10(5), the
relevant EEA national must have been exercising free movement rights or
have had a right of permanent residence under the Regulations at the time
at which the marriage was legally terminated (that is, when the decree
absolute was obtained). Therefore, a person applying for a document
confirming that they have retained a right of residence in this way must
provide evidence that the EEA national was either a qualified person, or a
person with a right of permanent residence under the Regulations at the
time that the marriage was terminated. Without such evidence it would not
be possible to determine whether the applicant had retained a right of
residence or not.

[waqas123]

Hi askmeplz82

I am trying to send you private message but its not going through to you.
Can you plz send me your email id ? So i can email you?
My email is xxxxxxx

[askmeplz82]

Hi askmeplz82

I am trying to send you private message but its not going through to you.
Can you plz send me your email id ? So i can email you?
My email is xxxxx

check your Mailbox.......



If a Retained Right of Residence application is approved, a non-EEA citizen may be granted with an EEA Residence Document, valid for 5 years. Such a non-EEA citizen will be able to remain and work in the UK and apply for Permanent Residence (ILR) having completed totally 5 years under EEA law on combination of the “old” and “current” EEA Residence Documents.

[Nimitta]

Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR

No. EU should work all the time during divorce procedure, i.e. since the divorce papers were sent to the court until the DA was issued, and it is never 2 months. There is no way one can do it faster than 4 months.

[XABI]

Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR

No. EU should work all the time during divorce procedure, i.e. since the divorce papers were sent to the court until the DA was issued, and it is never 2 months. There is no way one can do it faster than 4 months.

Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.

[Nimitta]

Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.

Only DA certificate. There is no need to send all divorce papers. The date of the divorce initiation and the date of marriage will be there on the divorce certificate, hence there is no need to send anything else. The HO will get all information they need from the DA certificate.

[Amber]

pls guys, i just want to ask this question for my friend, , when u apply for a (retained right of residence) after divorce , why are some people given another 5yrs and another people given (leave to remain)?

[Imshzd]

Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.

Only DA certificate. There is no need to send all divorce papers. The date of the divorce initiation and the date of marriage will be there on the divorce certificate, hence there is no need to send anything else. The HO will get all information they need from the DA certificate.

I agree that there is no need to sent all divorce papers

But

I disagree that the date of the divorce initiation is on the divorce certificate.


On decree absolute you will find.

Marraige date.
Decree Nisi date.
Decree absolute date.

[Nimitta]

I disagree that the date of the divorce initiation is on the divorce certificate.

On decree absolute you will find.

You can call it Decree Absolute, certificate of divorce, certificate of dissolution of marriage. Same thing.

[Imshzd]

I disagree that the date of the divorce initiation is on the divorce certificate.

On decree absolute you will find.

You can call it Decree Absolute, certificate of divorce, certificate of dissolution of marriage. Same thing.

I thing you mis read my post.


I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date


Nothing elseeeee

[Nimitta]

I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date

Are you sure?

[Imshzd]

I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date

Are you sure?

Yes 100% sure without any hesitation.

[Nimitta]

Yes 100% sure without any hesitation.

Mine does.

[Amber]

pls guys,
if you apply for ROR and you are given another 5 yrs, when will ypu apply for your PR is it after the first 5yrs or after the new 5yrs on ur ROR?

[askmeplz82]

YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application

after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member

or You can apply before if you have all the required documents from your EEA family member exercise treaty right

[Amebo]

YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application

after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member

or You can apply before if you have all the required documents from your EEA family member exercise treaty right

You can apply for PR, after you have completed total five years from the date of marriage, i e 3years before divorce and two years after ROR,

that is what i understand

[askmeplz82]

YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application

after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member

or You can apply before if you have all the required documents from your EEA family member exercise treaty right

You can apply for PR, after you have completed total five years from the date of marriage, i e 3years before divorce and two years after ROR,

that is what i understand

thats true : for example if someone get divorced after 4 years 11 months so it would have been 4 years 11 months EEAa national and 1 month NON EU national exercise treaty right