Immigrationboards.com

Hi i am an non eea national who has retained my right of residence following a divorce. I have got a new 5yrs residence stamp along with a document confirming my retained right of residency. Now my question is i am due for my PR this Aug but i am not sure if i have to fill an EEA 4 form and send just my documents or will have to send my ex-wife documents again, which the HO have seen already and issued me with a stamp of retaining right of residency. Please advice

Do the maths:

You are eligible for PR when you have lived in the UK for three years as the spouse of a EU national and for another two years having retained rights of residence (following a divorce) and independently exercising treaty rights.

You need to provide the docs that you have lived (employment, self employment docs etc.) in the UK for 5 years. No need to send them docs of your ex-spouse as you are applying independently from EEA national. Simply send them 5 x P60 or payslips covering 5 years period + HO letter confirming that you are applying independently.

I’m in the same position as you. Have they issued you the same RC as you had before. On mine it still says ‘Family member of EEA national’, but in addition HO sent me a letter confirming that I retained my rights independently.

Yes Sleeper I am exactly in the same situation as you are. I also have the same RC as before which says ‘Family member of EEA national’, but in addition HO sent me a letter confirming that I retained my rights independently. Actually i had searched the whole forum but could not find someone who had applied for PR after retaining right of residence. So i wasn't sure what supporting documents should i provide with my application. But i guess you are right sending 5 P60's and the HO letter confirming that i am applying independently makes sense. Thanks for you advice. But is there any senior member or someone who has already been through this situation who could advice us if we are right?

Logically thinking: 1.You are independent now 2. You have proved that you were living with your ex for 3 years in marriage and that he/she was exercising her treaty rights that time 3. From EEA Caseworker instructions:

Eligibility for permanent residence:

a) Non-EEA national family members who have resided in the UK (in accordance with the Regulations) for a continuous period of 5 years
b) Was, at the end of the period, a family member who has retained the right of residence

Completion of 5 years residency after having retained the right of residence
The following documents must be supplied by a non-EEA national family member who has retained the right of residence and who is applying for a Permanent Residence Card under regulation 15(1)(f) having completed 5 years residency:

A valid passport

Documentation confirming that s/he has completed 5 years residency in accordance with the 2006 Regulations as the family member of an EEA national exercising Treaty rights / as a person who has retained the right of residence.

This is the main part of it. You need to prove that you have resided for 5 years in the UK (tax paid: P60, payslips..) + that you have retained your rights of residence (HO letter)

Under Regulation 18(2) and Article 20 of 2004/38, Non-EEA national family members who are entitled to reside in the UK permanently must be issued with a Permanent Residence Card no later than 6 months after the application (plus the proof of entitlement) has been received.

Please write the updates on your case here or PM me. I'm planning to apply next year. Your experience will be usefull.

Hi Sunny,

I just sent you a PM.

Hi Sunny,

Could you give us some background about your case ?

Thanks

mego_1980 wrote:Hi Sunny,

Could you give us some background about your case ?

Thanks

My case is very similar to this case
http://www.immigrationboards.com/viewto ... icybiscuit

Just to let you know if you have retained the right to reside on your own merrits this is what you will require to apply. I know this because am about to apply and when I rang the h/o this is the information they requested.

1.p60's for 5 years (this will show continued residency for 5 years)

2.Valid Passport

3.Letter confirming your ex EEA national was working for the whole period of the marriage or until the divorce was made absolute. (random)

4. Employment letter/ payslips confirming you as the non EEa are exersicing treaty rights from the date the divorce become absolute.

5.Decree absolute

Although the agent I spoke to confirmed they were aware of my retention of rights they still asked for all of the above. I am going to included the documents as stated although they have seen all this information previously.

Mary

Mary1 wrote:Just to let you know if you have retained the right to reside on your own merrits this is what you will require to apply. I know this because am about to apply and when I rang the h/o this is the information they requested.

1.p60's for 5 years (this will show continued residency for 5 years)

2.Valid Passport

3.Letter confirming your ex EEA national was working for the whole period of the marriage or until the divorce was made absolute. (random)

4. Employment letter/ payslips confirming you as the non EEa are exersicing treaty rights from the date the divorce become absolute.

5.Decree absolute

Although the agent I spoke to confirmed they were aware of my retention of rights they still asked for all of the above. I am going to included the documents as stated although they have seen all this information previously.

Mary

Thx a lot mary. This is exactly the information i was looking for. Your message has cleared all the doubts i had in my mind. You are a star.

Hi

am an EEA family member as I have the residency card since 2008 and just about to go trough the divorce process as its not working for both of us and we have been married since 2007 up to this day still married now and being working and studying at uni the same time and I wanted to retain my right of residency as the marriage is not working for both of us so would you please let me what to do and how to retain my residency and what kind of documents to the home office asks for?

naruto

Naruto posting this once is enough...posting this 3 times on 3 different post will not help, you will get the same answers, or people might not even bother replying...

naruto wrote:Hi

am an EEA family member as I have the residency card since 2008 and just about to go trough the divorce process as its not working for both of us and we have been married since 2007 up to this day still married now and being working and studying at uni the same time and I wanted to retain my right of residency as the marriage is not working for both of us so would you please let me what to do and how to retain my residency and what kind of documents to the home office asks for?

naruto

Plum70 wrote:Do the maths:

You are eligible for PR when you have lived in the UK for three years as the spouse of a EU national and for another two years having retained rights of residence (following a divorce) and independently exercising treaty rights.

Hi Everyone,

I have an quick question, and looks like I cannot get answer anywhere.

Do I still have to retain my own rights even after living together with EU national truogh 5 years, who was studing and employed trough those years, and divorced on 5.5 year when applying for EEA4.

Please see my topic http://www.immigrationboards.com/viewto ... 313#900313

oleg555506 wrote:

Plum70 wrote:Do the maths:

You are eligible for PR when you have lived in the UK for three years as the spouse of a EU national and for another two years having retained rights of residence (following a divorce) and independently exercising treaty rights.

Hi Everyone,

I have an quick question, and looks like I cannot get answer anywhere.

Do I still have to retain my own rights even after living together with EU national truogh 5 years, who was studing and employed trough those years, and divorced on 5.5 year when applying for EEA4.

Please see my topic http://www.immigrationboards.com/viewto ... 313#900313

Please stick to one thread. Otherwise, it makes it complicated to understand all the details (things get mixed up).

sleeper wrote:You need to provide the docs that you have lived (employment, self employment docs etc.) in the UK for 5 years. No need to send them docs of your ex-spouse as you are applying independently from EEA national. Simply send them 5 x P60 or payslips covering 5 years period + HO letter confirming that you are applying independently.

I’m in the same position as you. Have they issued you the same RC as you had before. On mine it still says ‘Family member of EEA national’, but in addition HO sent me a letter confirming that I retained my rights independently.

SLEEPER:

Simply send them 5 x P60 or payslips covering 5 years period : are you talking about NON EU payslip for five years? or EU national payslip until divorce and then NON EU national payslip after divorce


as far as i know if you divorce after 4 yrs you still need to send Exercising treaty right proof of your EX before divorce and then your 1 year exercising treaty right after divorce

Hello guys.

I am due to apply for my permanent residence card this march. I have retained rights following a divorce.have noted the documents required listed on the thread. Does any one kno what form to fill exactly and also can u confirm that it's okay to just include evidence that my ex was working up til the date of decree absolute?

Hey my question I'm eea family mumber since 2013 knw my wife want divorce and we apply.when I get divorce I'm apply for Retained RIghts when I get retained rights after this visa when I'm eligible for EEA(PR) and apply for PR i need to show document for my ex wife ?thx u