Retention of rights for EEA 2 (wife holding EEA3 PR)

[abhay.randhawa]

Hello everyone , my question is i am holding EEA 2 residence card from last 3years and 6months , our relations not goes well we tried to fix but its totally end .I want to know am i eligible to stay in this country after our divorce eventho she is holding EEA 3 PR so i don't need to show her treaty rights but she is not going to help me from her side by providing me any of her documents or even passport. so what are the possibilities for me to stay here...
I have her passport copy and her permanent residence card photo copy
plzz replyyy/////////

[maxmelion]

Well im same as u nd i have searched everywhere nd i understood that .
If u married over 3 years and u lived with her at least one year during this period and she is working till the day of granted divorce u have the right to stay but u have to prove that things by bills nd ducements but first u must gettin divorce nd make surw tht r wife is still working.
So unfortunatly u cant stay without tht dec

[vinny]

See also Retention of Right of Residence after divorce and if somebody knows about RoR(retained the right of residence).

[askmeplz82]

Well im same as u nd i have searched everywhere nd i understood that .
If u married over 3 years and u lived with her at least one year during this period and she is working till the day of granted divorce u have the right to stay but u have to prove that things by bills nd ducements but first u must gettin divorce nd make surw tht r wife is still working.
So unfortunatly u cant stay without tht dec

He don't need to show wife working anymore because she is a Permanent Resident holder. All he need is now the PR documentation.
if she is not willing to help you still you will be OK but it will not be straightforward because UKBA will simply ask for either 5 years exercise treaty right or original PR documentation but you may have to fight the case with UKBA with the help of a lawyer. UKBA have all the records in their system ( that she is PR holder ) but still they will ask you to send original documentation

[maxmelion]

He hasnt complete yet 5 years for PR hid rc only 3 year nd 6 month .so he can apply for ror for the year nd half nd then hecan apply for PR if his wife willing to help him if not he has to wait more 5 years . Tht i understood from this webside

Askmeplz82

Im same but my wife granted citizenship on 2013 nd i have her copy of her british passport and i have the original of her ukba letter saying the aprove her application for citizenship
Do u think that things can be usifull for my ror ? I married over 6 years nd i live in uk nearly 4 years . Therefor im separsted with my wife she doesnt want divorce she wana back but i dont want .

[maxmelion]

Im same but my wife granted citizenship on 2013 nd i have her copy of her british passport and i have the original of her ukba letter saying the aprove her application for citizenship Do u think that things can be usifull for my ror ? I married over 6 years nd i live in uk nearly 4 years . Therefor im separsted with my wife she doesnt want divorce she wana back but i dont want .T

Well im same as u nd i have searched everywhere nd i understood that .
If u married over 3 years and u lived with her at least one year during this period and she is working till the day of granted divorce u have the right to stay but u have to prove that things by bills nd ducements but first u must gettin divorce nd make surw tht r wife is still working.
So unfortunatly u cant stay without tht dec

He don't need to show wife working anymore because she is a Permanent Resident holder. All he need is now the PR documentation.
if she is not willing to help you still you will be OK but it will not be straightforward because UKBA will simply ask for either 5 years exercise treaty right or original PR documentation but you may have to fight the case with UKBA with the help of a lawyer. UKBA have all the records in their system ( that she is PR holder ) but still they will ask you to send original documentation

[askmeplz82]

He hasnt complete yet 5 years for PR hid rc only 3 year nd 6 month .so he can apply for ror for the year nd half nd then hecan apply for PR if his wife willing to help him if not he has to wait more 5 years . Tht i understood from this webside

Askmeplz82

Im same but my wife granted citizenship on 2013 nd i have her copy of her british passport and i have the original of her ukba letter saying the aprove her application for citizenship
Do u think that things can be usifull for my ror ? I married over 6 years nd i live in uk nearly 4 years . Therefor im separsted with my wife she doesnt want divorce she wana back but i dont want .

this is what i said:

He can apply for ROR now: all he need to prove ( PR certificate, 1 year proof of address in the UK and proof that married for 3 years, )

If he apply for PR after 5 years marriage if married in the UK otherwise 5 years resident in the UK if married outside the UK : PR certificate from EEA national and 5 yrs residency proof in the UK main requirement

if wife willing not to help still he may get PR but it's not straightforward. He may need help of a Lawyer who can argue the case with the UKBA caseworker ( if they ask for original documentation )


and your case : I am not 100% sure but i think you can apply for British citizenship on the same day you receive PR if still you are married to that EEA national. 1 yr after PR does not apply to you (as a spouse of BC).
and you too don't need to prove that spouse exercising treaty right .

[maxmelion]

But he mentioned that he only got copy of her PR not the original nd that copy was made by HO wen he sent the original with eea2 first time so can he apply with it or he has to use the original one?

Im same but my wife granted citizenship on 2013 nd i have her copy of her british passport and i have the original of her ukba letter saying the aprove her application for citizenship Do u think that things can be usifull for my ror ? I married over 6 years nd i live in uk nearly 4 years . Therefor im separsted with my wife she doesnt want divorce she wana back but i dont want .T

Well im same as u nd i have searched everywhere nd i understood that .
If u married over 3 years and u lived with her at least one year during this period and she is working till the day of granted divorce u have the right to stay but u have to prove that things by bills nd ducements but first u must gettin divorce nd make surw tht r wife is still working.
So unfortunatly u cant stay without tht dec

He don't need to show wife working anymore because she is a Permanent Resident holder. All he need is now the PR documentation.
if she is not willing to help you still you will be OK but it will not be straightforward because UKBA will simply ask for either 5 years exercise treaty right or original PR documentation but you may have to fight the case with UKBA with the help of a lawyer. UKBA have all the records in their system ( that she is PR holder ) but still they will ask you to send original documentation

[askmeplz82]

Like i said he need to explain to the Home Office why he can't send original documentation. Home office may refuse to issue PR ( like all other cases ) but then with the help of a Lawyer they can argue the case in the court. It's not straightforward application. in this situation need a Lawyer who is good in EEA law. So he can argue that they have seen the passport already when he/she applied EEA2 and also when EEA national applied for PR. Home office have all the records in the system but still they want the applicant to send genuine passport or PR certificate

If it goes to the court the judge will allow the appeal.

[maxmelion]

I got you but we are stil so far from PR as we just live here 3 and half lets talk ROR
Married lasted 6 years
Arrive uk july 2010
Nn eea workng full time jop all the period ( 3 year nd 6 month ) all p60 nd 45 and payslis available
Spouse work full time over 6 years in sane jop
Eea hold PR on 2006 nd Citizenship on 2012
Only got copy of PR nd copy of Her british passport
And original letter from ukba aproved her citizen nd date od ceremony
What i should do for ror ?

Like i said he need to explain to the Home Office why he can't send original documentation. Home office may refuse to issue PR ( like all other cases ) but then with the help of a Lawyer they can argue the case in the court. It's not straightforward application. in this situation need a Lawyer who is good in EEA law. So he can argue that they have seen the passport already when he/she applied EEA2 and also when EEA national applied for PR. Home office have all the records in the system but still they want the applicant to send genuine passport or PR certificate

If it goes to the court the judge will allow the appeal.

[askmeplz82]

You can apply for PR 5 years after July 2010 so July 2015

first you need to get divorce. It can take 4+ months and If your spouse doesn't sign divorce paper then it can take longer like 1 year even

ROR : AN applications on the basis of a retained right from family members of UK nationals would be treated in the same way as if they were an EEA national who had acquired permanent residence in the UK.

The fact that you are working in the UK, have been married for more than 3 years and lived in the UK for more than a year and your spouse is a PR/British citizen confirms you have retained your rights to residency in the UK even if you get divorced.

Like the other forum member you have to prove that spouse is a PR holder so you don't need to show exercising treaty right anymore after PR date but if you only send original citizenship letter and copy PR certificate UKBA may refuse your ROR but you don't have to worry. You will get appeal right and you will WIN in the court.

By the way for ROR your spouse passport is not required but original PR certificate . You may be lucky that they may accept the letter and the PR copy. Many case worker simply refuse the application without checking everything properly

[maxmelion]

Thank you so much i clearly understood you . I will forget about pe nd tht letter nd i will tru to get letter from her emplyer and payslips 6 month till devorce . I hav seen a lawyer nd he want so much money so i will do it myself .

You can apply for PR 5 years after July 2010 so July 2015

first you need to get divorce. It can take 4+ months and If your spouse doesn't sign divorce paper then it can take longer like 1 year even

ROR : AN applications on the basis of a retained right from family members of UK nationals would be treated in the same way as if they were an EEA national who had acquired permanent residence in the UK.

The fact that you are working in the UK, have been married for more than 3 years and lived in the UK for more than a year and your spouse is a PR/British citizen confirms you have retained your rights to residency in the UK even if you get divorced.

Like the other forum member you have to prove that spouse is a PR holder so you don't need to show exercising treaty right anymore after PR date but if you only send original citizenship letter and copy PR certificate UKBA may refuse your ROR but you don't have to worry. You will get appeal right and you will WIN in the court.

By the way for ROR your spouse passport is not required but original PR certificate . You may be lucky that they may accept the letter and the PR copy. Many case worker simply refuse the application without checking everything properly