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Retaining Right of Residence following Divorce
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nanaaddo80
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Joined: 18 Dec 2009
Posts: 76
Location: North London

PostPosted: Fri Sep 03, 2010 8:15 pm    Post subject: Retain Rights Reply with quote

Hi Yus,
Congratulations and all the best.
N
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olujay25
Member


Joined: 25 Jan 2010
Posts: 71
Location: UK

PostPosted: Fri Sep 03, 2010 11:36 pm    Post subject: Reply with quote

Please i need your advice,I applied for retention right of residence in april 2010.
This is my case:
Married in june 2004
resident card issued 2006
Marriage break down in 2007
divorce proceeding starts january 2010 and made absolute april 2010.
Sent application april 19th, received COA end of may.

Been with a british girlfriend since xmas 2007 and have 3 kids.

Documents sent for retention application:
1. Decree absolute
2.Decree nisi
3.Letter of employement and contract of employement for me
4.P60 for four years for me and 3 payslips(january till march 2010)
5. 2x council tax bill for ex-wife 2007
6. Credit card statement for ex-wife covering 2007 till 2009
7.Gas bill 2004 (Both of us)
8.bt bill 2006(both of us)
9.Electoral registration confirmation both of us
10.Bank statement both of us( 2007 till 2009 for ex wife)
11.Letter from employer of ex where she was cleaning from 2006 till 2008
12.Proof of National insurance payment as self employed covering january 2010 till march 2010. for ex-wife
13. Comprehensive health insurance covering december 2009 till december 2010. for both of us.
14.Ex wife blue resident card
15.self assessment notification letter for ex-wife for tax year ending 2010.
I think thats all i can remember ,they are variable because ex-wife wont co-operate which i did explain in my covering letter in my application and i have move house alot in space of four years.
What surprise me is that in june HO sent me a letter from case worker asking me to provide decree absolute.
proof of ex-wife excersing treaty rights at time of divorce
proof we lived in Uk for a year.
proof i am working after divorce.
I dont know if the letter is just standard letter.

What is my chance of successfull application.
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nanaaddo80
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Joined: 18 Dec 2009
Posts: 76
Location: North London

PostPosted: Sat Sep 04, 2010 2:46 pm    Post subject: Retain Rights Reply with quote

Hi Olujay25,
The letter i think is sent out only when case worker requires and since you already sent it with your application they shoudn't have requested that again,rather the case worker should have requested current pay slips or any other form to establish you are still excersing treaty rights.
All the best
N
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bobobo
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Joined: 29 Aug 2008
Posts: 742

PostPosted: Mon Sep 06, 2010 1:26 pm    Post subject: Re: Retain Rights Reply with quote

thanks nanaaddo

nanaaddo80 wrote:
Hi boboobo,
Congratulations in retaining your right of residence.
N
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kampk121
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Joined: 07 Feb 2009
Posts: 83

PostPosted: Wed Oct 27, 2010 4:13 pm    Post subject: Plz someone help.... any word plz... Reply with quote

Im a non eea national married with an eea national. married 3.5 years. 2.5 in uk.last month we had a routine fight, when it got suddenely very serious. we both cursed eachother and She decided to go back to her country!
and from there she wrote an email to Home Office that We r not living together since last 3 years. (which she lied!) She has been working in Uk for the last 2 years. although She terminated her job before leaving the Uk, and got her P45. After a month She told me everything and requested to reunite. as we had a really good friendship as well. and now we r back again in Uk. she is going to start a new job soon. We have joint bank account. Registered in council. fone bills.. Credit card statements on her name. her pay slips and p60 for the last two years and mine as well.
Now my quetions are:

1. what action home office can take upon her mail against me? is there any thing I should do as my wife is fully supported at the moment.. but her mood swings very quick. u never know when she changes her mind again..
2.If we divorce can I stay here on my own? I will really apreciate ur experience sharing..
thankx guys...
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bobobo
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Joined: 29 Aug 2008
Posts: 742

PostPosted: Thu Oct 28, 2010 8:14 am    Post subject: Re: Plz someone help.... any word plz... Reply with quote

There are plenty of posts regarding retaining rights of residence, You are posting in one such thread so dont ask the obvious.

With regard to the email sent to the HO, what email address was this sent to? also as long as you can satisfy all the HO criteria you should be OK.

kampk121 wrote:
Im a non eea national married with an eea national. married 3.5 years. 2.5 in uk.last month we had a routine fight, when it got suddenely very serious. we both cursed eachother and She decided to go back to her country!
and from there she wrote an email to Home Office that We r not living together since last 3 years. (which she lied!) She has been working in Uk for the last 2 years. although She terminated her job before leaving the Uk, and got her P45. After a month She told me everything and requested to reunite. as we had a really good friendship as well. and now we r back again in Uk. she is going to start a new job soon. We have joint bank account. Registered in council. fone bills.. Credit card statements on her name. her pay slips and p60 for the last two years and mine as well.
Now my quetions are:

1. what action home office can take upon her mail against me? is there any thing I should do as my wife is fully supported at the moment.. but her mood swings very quick. u never know when she changes her mind again..
2.If we divorce can I stay here on my own? I will really apreciate ur experience sharing..
thankx guys...
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nanaaddo80
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Joined: 18 Dec 2009
Posts: 76
Location: North London

PostPosted: Thu Oct 28, 2010 8:42 am    Post subject: Retain rights Reply with quote

Hi Kampk121,
Check all post under your corncern and remember to do your home work well before sending anything to the home office.
All the best and good luck.
Nando
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kampk121
Member


Joined: 07 Feb 2009
Posts: 83

PostPosted: Thu Oct 28, 2010 9:51 pm    Post subject: Re: Retain rights Reply with quote

tkx for ur reply nanaaddo80, I have checked all the post. really afraid to make some decision:(. plz recomend me something.... just clear me if I would be safe by applying divorce now? I will really apreciate ur copration.
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kampk121
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Joined: 07 Feb 2009
Posts: 83

PostPosted: Thu Oct 28, 2010 9:52 pm    Post subject: Re: Plz someone help.... any word plz... Reply with quote

tkx to you as well bobobo....
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sasim
Junior Member


Joined: 28 Oct 2010
Posts: 21
Location: LONDON

PostPosted: Thu Oct 28, 2010 11:07 pm    Post subject: Reply with quote

hello guys first of all congrates to those who got what they wanted and best wishes to all who are waiting.
hope u guys give me some advice as well/

i married to eu member july 2004
got 1 year visa until 12/2005
and then 5 years until 01/2011
gave divorce in july 2010 and decree absolute issued in oct 2010.
marriage lasts nearly 6 years.
i have my last 6 years P60s and my ex last 5 years P60s.
some bills of each year from 2004 to 2010
will that be enough to apply for P.R ?
I dont have the payslips of my ex, from initiation of divorce until decree absolute as she is not co operating now.Am I in trouble due to this?

thanks

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SASIM
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bobobo
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Joined: 29 Aug 2008
Posts: 742

PostPosted: Fri Oct 29, 2010 8:19 am    Post subject: Reply with quote

No Need to Post this on Multiple threads, your sitiuation or the responses will not change.
http://www.immigrationboards.com/viewtopic.php?t=65792
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nanaaddo80
Member


Joined: 18 Dec 2009
Posts: 76
Location: North London

PostPosted: Wed Nov 17, 2010 8:32 pm    Post subject: Retain Rights Reply with quote

Hi Kampk121,
Whats upwith your application.Share some more lighton it so I could help.
Have you submitted anything yet
?Thanks
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LEo2009
Junior Member


Joined: 18 Sep 2009
Posts: 43
Location: London

PostPosted: Thu Nov 18, 2010 2:36 am    Post subject: Re: Retain Rights Reply with quote

Hi Nanaaddo,

Many many congrats & I wish you luck for you future but I just would like to ask you what documents did you exactly sent & what was exact situation. It would be great help with my best of appreciation.
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kampk121
Member


Joined: 07 Feb 2009
Posts: 83

PostPosted: Thu Nov 18, 2010 11:24 pm    Post subject: Re: Retain Rights Reply with quote

nanaaddo80 wrote:
Hi Kampk121,
Whats upwith your application.Share some more lighton it so I could help.
Have you submitted anything yet
?Thanks

Hi nanaaddo80. tkhans for asking. i have not applied the divorce yet. but we both agree to do so. what u think would be better for me to apply my self for divorce or let her aplly divorce? I really apreciate ur time..
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Nira
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Joined: 29 Jul 2012
Posts: 15

PostPosted: Sun Jul 29, 2012 2:11 am    Post subject: Reply with quote

Hi,

I came to the UK in 2006 (student visa)
Married EEA national July 2008
Got RC in Feb 2009
My husband came to the UK in 2005 and have been exercising his treaty rights till Dec 2011. Now he is sort of doing nothing, planning to start work in September over again. So I wonder if that would complicate things when I apply for my PR next year?

Since I can prove he has obtained the right of PR in 2010 (by living and working in the UK for 5 years) will I still need to show him exercising treaty rights after 2010?

I am posting this in this this thread as my marriage is breaking down, and divorce might happen soon.
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EUsmileWEallsmile
Moderator


Joined: 07 Oct 2011
Posts: 4801

PostPosted: Sun Jul 29, 2012 9:33 am    Post subject: Reply with quote

Nira wrote:
Hi,

I came to the UK in 2006 (student visa)
Married EEA national July 2008
Got RC in Feb 2009
My husband came to the UK in 2005 and have been exercising his treaty rights till Dec 2011. Now he is sort of doing nothing, planning to start work in September over again. So I wonder if that would complicate things when I apply for my PR next year? In principle, he will have achieved PR already.

Since I can prove he has obtained the right of PR in 2010 (by living and working in the UK for 5 years) will I still need to show him exercising treaty rights after 2010? No.

I am posting this in this this thread as my marriage is breaking down, and divorce might happen soon.


See above.
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Nira
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Joined: 29 Jul 2012
Posts: 15

PostPosted: Sun Jul 29, 2012 9:59 am    Post subject: Reply with quote

I am sorry, I have read through all the posts, but I am stil not clear about my question Embarassed
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EUsmileWEallsmile
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Joined: 07 Oct 2011
Posts: 4801

PostPosted: Sun Jul 29, 2012 10:01 am    Post subject: Reply with quote

Nira wrote:
I am sorry, I have read through all the posts, but I am stil not clear about my question :oops:


If you are sure that your husband already has PR, then the fact that he has been unemployed recently is not relevant.

Has he actually applied for PR or is he just entitled to it?

What nationality does he hold (only matters if he doesn't have PR card yet)?
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Nira
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Joined: 29 Jul 2012
Posts: 15

PostPosted: Sun Jul 29, 2012 10:20 am    Post subject: Reply with quote

He has not applied to confirm his PR yet, but he holds Registration Certificate. He received it in 2008 together with my RC. However, I believe he could have applied for Reg Cert earlier, just did not want to. He is Lithuanian.

So my main question is: should those 5 years of Treaty rights be the years of marriage or those 5 years period starts at the time he started exercising treaty rights (back in 2005)?
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EUsmileWEallsmile
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Joined: 07 Oct 2011
Posts: 4801

PostPosted: Sun Jul 29, 2012 10:22 am    Post subject: Reply with quote

Nira wrote:
He has not applied to confirm his PR yet, but he holds Registration Certificate. He received it in 2008 together with my RC. However, I believe he could have applied for Reg Cert earlier, just did not want to. He is Lithuanian.


The fact that he has applied for a registration certificate is good, it means that he will have been on the WRS. It is likely that he does have PR already.
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