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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
No she didnt have comprehensive sickness insurance, she is employed at the moment.CR001 wrote:Does or did your spouse have Comprehensive sickness insurance for the whole time and ongoing if still self sufficient?
Thanks for your reply, i was a bit surprised too when he said i shouldnt apply for ROR. I listened to him because hes quite experienced.noajthan wrote:If you are divorced you will have no legal basis to stay in UK until 2018. Unless you obtain RoR.
i think there is point in what your lawyer adviced you to wait till 2018 , but ror is important as well if u divorce around 3 years timeline, my understanding is that , ror is a bit tricky this days , so HO is using that avenue to refuse application, i hope this goes well for you mate, but dont hesitate to let us know what you have decided.digixplorer wrote:Thanks for your reply, i was a bit surprised too when he said i shouldnt apply for ROR. I listened to him because hes quite experienced.noajthan wrote:If you are divorced you will have no legal basis to stay in UK until 2018. Unless you obtain RoR.
ok keep us updatedigixplorer wrote:Thanks for your timely responses, i intend to seek further advise before making a decision. Ill try to keep you updated on my decision. I also agree that applying for PR straight without ROR may be the most risk averse method. At the same time i dont know or rather im not clear what the implications for not applying for ROR are.
makalele wrote:Digixplorer - I have a similar experience. ever since I got I got married myself and my partner have never had a good marriage but currently the marriage is 5 years and I still have residence card may 2017 and I have recently applied for PR. My story is that I never applied for ROR. Just waited for my marriage to be 5years and I applied for PR
digixplorer wrote:Hi folks, so here is quick summary of my situation
1. Iv got a Residence card as a family member of an EEA national valid till March 2018
2. Marriage lasted for 3yrs and 5months and currently going thru a divorce
3. Ex EEA partner self employed all thru marriage and currently working
I expected to apply for ROR after the divorce but my solicitor is suggesting that I don't apply for ROR, he says i should just wait until 2018 so i can apply for PR straight. He says it is the most risk averse strategy.
Can anyone pls confirm if this is a good strategy, are there any consequences for not applying for ROR? Does anyone have or know about any similar cases?
Hi digixplorerdigixplorer wrote:Hi folks, so here is quick summary of my situation
1. Iv got a Residence card as a family member of an EEA national valid till March 2018
2. Marriage lasted for 3yrs and 5months and currently going thru a divorce
3. Ex EEA partner self employed all thru marriage and currently working
I expected to apply for ROR after the divorce but my solicitor is suggesting that I don't apply for ROR, he says i should just wait until 2018 so i can apply for PR straight. He says it is the most risk averse strategy.
Can anyone pls confirm if this is a good strategy, are there any consequences for not applying for ROR? Does anyone have or know about any similar cases?
Thanks for your response godspeed. Will try to keep everyone updated on my decision. Im very likely to follow my solicitors advise for now.Carling40 wrote:Hi digixplorerdigixplorer wrote:Hi folks, so here is quick summary of my situation
1. Iv got a Residence card as a family member of an EEA national valid till March 2018
2. Marriage lasted for 3yrs and 5months and currently going thru a divorce
3. Ex EEA partner self employed all thru marriage and currently working
I expected to apply for ROR after the divorce but my solicitor is suggesting that I don't apply for ROR, he says i should just wait until 2018 so i can apply for PR straight. He says it is the most risk averse strategy.
Can anyone pls confirm if this is a good strategy, are there any consequences for not applying for ROR? Does anyone have or know about any similar cases?
Its a shame we all have to endure/anticipate errors by caseworkers when requesting for confirmation of a right so i understand why you want the option with least risk. I believe in taking calculated risk so i see where you're coming from.
You have 2 options.
1. you can apply for ROR when your decree absolute turns up (can take up to 6 months these days) with evidence of ex spouse employment up till decree absolute. with this option, as you know the application can take up to 6 months and over, then you have to factor in things outside your control i.e refusal, appeal date, hearing, potential brexit, transitional arrangements unknown etc. All things being equal you get issued with ROR, then your own exercising of treaty right activity kicks in to make up the 5 year qualifying period then you apply for confirmation of PR, then another period of uncertainty and nerves for minimum of 6 months
2. As far as am aware there is no requirement in the directive to apply for RoR, just as there isnt one for a RC or PR. in essence you will know if you have retained your rights and have evidence of ex spouse treaty rights up till absolute is issued or not and you will know if you have being pursuing activity as though you were an eu national e.g working till the end of the 5 year period.
I hope this helps you take the less risk averse option, am aware of cases that have been successful with both options, i've also heard some horror stories with someone who had received confirmation of RoR and applied for PR and was refused due to employment of ex-spouse! apparently the caseworker who granted the RoR made an error! this is the reality of the situation.
godspeed
But by the Diatta judgement, you don't stop being a family member until decree absolute. That might change after the UK votes to remain in the EU - one of the 'clarifications'.pessoam wrote:I just want to understand how is it possible to stay in the UK after the decree absolute is issued? My undestanding is that you lose your rights once you stop being a family member.
No, the requirement for PR is 5 continuous years of presence in accordance with the EEA Regulations, but excluding time with only a derivative right of residence.pessoam wrote:Also, is it a requirement to have lived together for 5 years to get PR?