Immigrationboards.com

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?

Does or did your spouse have Comprehensive sickness insurance for the whole time and ongoing if still self sufficient?

CR001 wrote:Does or did your spouse have Comprehensive sickness insurance for the whole time and ongoing if still self sufficient?

No she didnt have comprehensive sickness insurance, she is employed at the moment.

If you are divorced you will have no legal basis to stay in UK until 2018. Unless you obtain RoR.

noajthan wrote:If you are divorced you will have no legal basis to stay in UK until 2018. Unless you obtain RoR.

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.

digixplorer wrote:

noajthan wrote:If you are divorced you will have no legal basis to stay in UK until 2018. Unless you obtain RoR.

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.

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.
I know someone who divorced around 4th year of marriage and he applied for ror at 4th year of marraige then by the time the decree of absolute came out his residence permit remain about 6 month to expire so he just applied for pr, staright away.pls dont take my advice, i am only saying what i know with the information i have.

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.

digixplorer 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.

ok keep us update

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

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

Sorry to hear about ur marriage, i may not apply for ROR too and just wait to apply for PR when its due. Pls keep me posted when you get a response from HO about your application

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?

If I were you I would listen to my solicitor becuase you have up until 2018 and as he said that you should go for the P.R becuase you would have finish the qualifying period so you are entitled to apply for P.R. Just in case the P.R fail after exhausting all avenues, then you can turn to the ROR. That's my own opinion, I maybe wrong but I think the solicitor advise is good.

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 digixplorer
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

Your explanation is great. But from my experience if for any reason you divorce your wife and while you are waiting for the decree absolute your marriage is already five years any case worker will expect to see full five years treaty right of you ex wife, otherwise you will be lucky to get another 5 years RC as ex family member in your own right if you apply for PR.

But, if your marriage is still less in 5 years and you can provide evidence of her reaty right till decree absolute is issued then you can carry on with your own employment and when your RC nearly expire then apply for PR together with your ex treaty right you have . You should be fine.

Carling40 wrote:

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 digixplorer
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

Thanks for your response godspeed. Will try to keep everyone updated on my decision. Im very likely to follow my solicitors advise for now.

i just came across this case https://tribunalsdecisions.service.gov.uk/utiac/37529 and it makes an interesting read for those who are direct family member (spouse) who divorce after the 5 year PR qualifying period and apply for PR.

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.

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'.

Confusingly, it seems that the dependence of the existence of retainable rights on the sponsor's being a qualified person or a permanent resident is only up to the serving of papers to initiate the divorce.

pessoam wrote:Also, is it a requirement to have lived together for 5 years to get PR?

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.

The marriage is required to have lasted at least 3 years (so that it is a marriage under which rights could be obtained), with al least 1 year in the UK (so that it is reasonable to remain in the UK rather than somewhere else).

See this https://tribunalsdecisions.service.gov.uk/utiac/37529