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divorce and ROR
Posted: Thu Sep 17, 2015 9:48 pm
by Nazimofsky
Hello obie, as I have seen a lot on this fabulous forum a lot of people been helped by you:).
Well i Was wendering of u can vélo my case please.
GOT maried in april 2013
Living together till 2day which is about 2 years and 6 months.
We started to talk about divorce but she's helping me so she said that we will do it after 3 years.
My wife works part time and she's student.
I work full time.
We got health insurance (comprehensive health of sickness).
We living in Edinburgh.
I got a very good job opportunity in London :/.
My question is, moving to London now for the remaining 6 months of 3 years mariage will affect my ROR APLICATION :/?
Re: divorce and ROR
Posted: Thu Sep 17, 2015 10:44 pm
by noajthan
Nazimofsky wrote:Hello obie, as I have seen a lot on this fabulous forum a lot of people been helped by you:).
Well i Was wendering of u can vélo my case please.
GOT maried in april 2013
Living together till 2day which is about 2 years and 6 months.
We started to talk about divorce but she's helping me so she said that we will do it after 3 years.
My wife works part time and she's student.
I work full time.
We got health insurance (comprehensive health of sickness).
We living in Edinburgh.
I got a very good job opportunity in London :/.
My question is, moving to London now for the remaining 6 months of 3 years mariage will affect my ROR APLICATION :/?
Retention of a right of residence in UK following a marital breakdown & divorce is possible when:
a) the marriage has lasted for
at least 3 years
and
b) the spouses or parties have
lived together in the UK for at least 1 year during the marriage.
How long have you been in UK?
How long have you lived together in UK as man & wife?
Do you have the necessary documentary evidence to support your status? (ie length of marriage; married life in UK)?
These answers will help you decide the impact on a RoR application of any planned separation from your spouse.
Re: divorce and ROR
Posted: Fri Sep 18, 2015 10:59 am
by Nazimofsky
Thx noajthan for your replay:)
I m living 4 years in the uk
Been living together for 2 years and a half but I want to comback to London that's mean will have 2 different adresses for the rest 6 months. And than will get divorce after that .
My question is, living in 2 different city's affect my ror thx
Re: divorce and ROR
Posted: Fri Sep 18, 2015 9:33 pm
by Nazimofsky
Please anyone to help me?
Re: divorce and ROR
Posted: Fri Sep 18, 2015 9:34 pm
by Nazimofsky
noajthan wrote:Nazimofsky wrote:Hello obie, as I have seen a lot on this fabulous forum a lot of people been helped by you:).
Well i Was wendering of u can vélo my case please.
GOT maried in april 2013
Living together till 2day which is about 2 years and 6 months.
We started to talk about divorce but she's helping me so she said that we will do it after 3 years.
My wife works part time and she's student.
I work full time.
We got health insurance (comprehensive health of sickness).
We living in Edinburgh.
I got a very good job opportunity in London :/.
My question is, moving to London now for the remaining 6 months of 3 years mariage will affect my ROR APLICATION :/?
Please anyone to help?
Retention of a right of residence in UK following a marital breakdown & divorce is possible when:
a) the marriage has lasted for
at least 3 years
and
b) the spouses or parties have
lived together in the UK for at least 1 year during the marriage.
How long have you been in UK?
How long have you lived together in UK as man & wife?
Do you have the necessary documentary evidence to support your status? (ie length of marriage; married life in UK)?
These answers will help you decide the impact on a RoR application of any planned separation from your spouse.
Re: divorce and ROR
Posted: Fri Sep 18, 2015 9:38 pm
by Obie
Nazimofsky wrote:Please anyone to help me?
You may be alright if a genuine relationship was formed, and a genuine marriage had lasted for 3 years, including 1 year in the UK.
I am moving this topic away for this section, as It is not suited for this forum.
Re: divorce and ROR
Posted: Fri Sep 18, 2015 9:59 pm
by Nazimofsky
Thx obie
Re: divorce and ROR
Posted: Fri Sep 18, 2015 10:01 pm
by Obie
Nazimofsky wrote:Thx obie
You may be invited for a interview, but perhaps you will be ok
Re: divorce and ROR
Posted: Fri Sep 18, 2015 11:45 pm
by smilingfriends
Hi Obie,
Is this a new requirement from HO to call ROR applicants for Interview before issuing RC.
Re: divorce and ROR
Posted: Sat Sep 19, 2015 2:20 pm
by Nazimofsky
[/quote]
Obie wrote:Nazimofsky wrote:Thx obie
You may be invited for a interview, but perhaps you will be ok
Thank u?
What happens if they will refuse ROR?
Thx
Re: divorce and ROR
Posted: Sat Sep 19, 2015 8:37 pm
by Nimitta
noajthan wrote:
and
b) the spouses or parties have lived together in the UK for at least 1 year during the marriage.
Where did that "together" come from? There is no such requirement.
Re: divorce and ROR
Posted: Sat Sep 19, 2015 8:44 pm
by Nazimofsky
Nimitta wrote:noajthan wrote:
and
b) the spouses or parties have lived together in the UK for at least 1 year during the marriage.
Where did that "together" come from? There is no such requirement.
I understand that together is not mentioned but look at it 2 partners got married to live in 2 different adresse?
I mean for HO agent is gonna look suspicious :/
IN my case we are going to live in 2 different adresses only for 5 months and obie said it should be ok hopefully :/.
Re: divorce and ROR
Posted: Sat Sep 19, 2015 11:56 pm
by noajthan
Nimitta wrote:noajthan wrote:
and
b) the spouses or parties have lived together in the UK for at least 1 year during the marriage.
Where did that "together" come from? There is no such requirement.
Example of an application refused by HO:
http://www.immigrationboards.com/eea-ro ... 94863.html
One of the HO's grounds for failure:
You have provided no evidence to show that you resided with your ex spouse for a year during the course of marriage.
Very hard to believe people think a right to reside in UK can be retained by a non-EEA national (& confirmed by HO) if divorcees are unable to provide any proof of any life together as a couple in UK before divorce.
See also
http://www.vincentsolicitors.com/eea-di ... residence/
&
http://www.westkinassociates.com/eea-di ... ed-rights/
Clearly the more tangible the marriage before divorce the more chance the non-EEA national has of remaining in UK after divorce.
In this case OP mentions approx 2.5 years of married life together which surely strengthens his case to maintain his journey towards
settled status in UK.
Re: divorce and ROR
Posted: Sun Sep 20, 2015 12:48 am
by Obie
I found it most odd that you are basing the interpretation of the regulation and refusal on the reasons given by the Secretary of stating for refusing an application. Reasons that I have no hesitation in saying , is wholly flawed.
The poster that corrected you is perfectly spot on , in regards to the law.
Re: divorce and ROR
Posted: Sun Sep 20, 2015 1:42 am
by noajthan
Obie wrote:I found it most odd that you are basing the interpretation of the regulation and refusal on the reasons given by the Secretary of stating for refusing an application. Reasons that I have no hesitation in saying , is wholly flawed.
The poster that corrected you is perfectly spot on , in regards to the law.
I find it more odd that HO caseworkers who are charged with deciding such cases are capable of misinterpreting such points of law, (or rather, the crib sheets & briefing documents they presumably work from).
Based on the non-scientific sample represented by this forum, HO should have plenty of accumulated experience of 3 & 4years of marriage RoR cases by now.
The poster asked a question.
The poster did not nothing to assist members by posting any referential source to support his/her rhetorical question.
I responded with 3 examples of available sources.
Noone else has actually assisted the OP by posting the relevant source of law.
The point is becoming increasingly moot as OP states he has clocked up 2.5 years of married life as a couple.
Hopefully, for sake of OP's continued presence in UK, HO will not deny his status (whatever it may be) without due cause.
Re: divorce and ROR
Posted: Sun Sep 20, 2015 2:39 pm
by smilingfriends
Hi Obie,
Is this a new requirement from HO to call ROR applicants for Interview before issuing RC.
Re: divorce and ROR
Posted: Tue Sep 22, 2015 3:19 pm
by Nazimofsky
Hi, no that I gormt the answer that I can move to London and live separate.
Can someone help me with the documents I need to get divorced?
No worries I'm not gonna do it before April 2016
Thx
Re: divorce and ROR
Posted: Thu Oct 29, 2015 5:54 pm
by Sam_12357
Hi obie...i want some advice from you..im going to apply divorce and then RoR..my question is that does i have to show that my wife was working through out the whole 3 years of marriage life or just during the process of divorce??
Im waiting thanks
Re: divorce and ROR
Posted: Thu Oct 29, 2015 5:55 pm
by Sam_12357
Obie wrote:I found it most odd that you are basing the interpretation of the regulation and refusal on the reasons given by the Secretary of stating for refusing an application. Reasons that I have no hesitation in saying , is wholly flawed.
The poster that corrected you is perfectly spot on , in regards to the law.
Hi obie...i want some advice from you..im going to apply divorce and then RoR..my question is that does i have to show that my wife was working through out the whole 3 years of marriage life or just during the process of divorce??
Im waiting thanks