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Right to retain after Divorce EU Family member

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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londonboy84
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Posts: 3
Joined: Tue Nov 10, 2015 5:45 pm

Right to retain after Divorce EU Family member

Post by londonboy84 » Wed Nov 11, 2015 12:14 am

Hi,

To all members Please need you expert advice

1 .i married to EEA national and i am not EU national

2. We married in December 2010

And i was given EU residence permit for five years which will expire mid April 2016

3.we was together till July 2015 the day she left home and in next week she start divorce process i was not agree with all of her blame on me but how ever i signed it and sent it back within given time

4. The day divorce procedure start we was married for 4 Years 6 months 17 days
We was living together all this time in UK and have all proof means Bills, House contract her payslips, my Payslips and etc.

And we both was working full time even she still working and me too
Decree Nisi will be proceed in first week of December 2015 as i received Court Notice .so its mean we will get decree absolute mid January 2016.

Let move to my question

What will be my future in UK?
I am self sufficient have my own Business paying Business Rates, VAT, and PAY for other employee and Good Business Bank Statement.

1. i have consulted with two different solicitors one said that i have to apply for ROR
Second solicitor said that if i can prove that she and me was working throughout during our relation so i can
apply for PR

To be Honest i don’t really know what to do my Brain is off now Please Guide me what shall i do ?

I am looking forward to hear from your expert advice Please
Please feel free if need more info Regard
Many thanks for your time .

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Right to retain after Divorce EU Family member

Post by Obie » Wed Nov 11, 2015 12:56 am

After December 2015, you cannot retain a right of residence if you are a family member with a right of Permanent Residence. ROR is inapplicable to your case and in my opinion it has no basis to your case.
Smooth seas do not make skilful sailors

londonboy84
Newly Registered
Posts: 3
Joined: Tue Nov 10, 2015 5:45 pm

Re: Right to retain after Divorce EU Family member

Post by londonboy84 » Wed Nov 11, 2015 10:39 am

Obie thank you vey Much for your reply .so its means second Solicitor opinion was correct ?? Let see what other member think

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Right to retain after Divorce EU Family member

Post by Obie » Wed Nov 11, 2015 10:42 am

It will all depend on the strength of the evidence you have. The second laywer may be correct on the timeline, but the first may be correct on the basis of the evidence you obtained from you EX.
Smooth seas do not make skilful sailors

londonboy84
Newly Registered
Posts: 3
Joined: Tue Nov 10, 2015 5:45 pm

Re: Right to retain after Divorce EU Family member

Post by londonboy84 » Wed Nov 11, 2015 11:20 am

when we saying strength of evidence ? she moved to UK since 2003 and till today she is working
I have proof of evidence below

1.joint account bank statement all our salary comes to that account since we married
2.all bills
3.visitto her country
4.house contract on our name
5.life insurance
6.all work proof Payslips
7.Council tax Bills
8.my Business 4 years accounts return ,Paid Council Rates ,VAT etc
and photographs etc
and also I have strong believe that some of our good family friends can help me to obtain fresh work proof or what might I need

if I can provide all of above what you thing ?

Wise
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Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Right to retain after Divorce EU Family member

Post by Wise » Wed Nov 11, 2015 7:38 pm

Pick the second option. Also very importantly make sure you get all her treaty right from day one of your relationship till decree absolute is issued and yours from beginning till the end of your RC am sure you will be fine.
It is really good to help and everyone deserve to be respected in life. Good luck.

Kuzelee
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Posts: 11
Joined: Sun Jan 31, 2016 9:51 am

Re: Right to retain after Divorce EU Family member

Post by Kuzelee » Sun Jan 31, 2016 9:49 pm

Hello,I am non EEa married to a EEa member ,married December 2011. Residence permit granted October 2012, my EEa ,presently things started going funny btw us ,so thinking of putting in a divorce .
My questions are ;
does Ho count the date on marriage certificate on date of marriage or the date the rc was issued ?
Secondly my ex to be wife is self employed ,what are the evidence to show she is exercising treaty right .she as been doing her tax return and paying class 2 national insurance contribution till date,will that be enough to show she is exercising treaty right?
As I understand I have to apply for Ror immediately aster the decree of absoulte been issued .
Thanks

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