Retaining Right of Residence following Divorce

[jude]

Good thinking irakra. When you apply for COA marraige , HO would ask you to sent proof of ur X working at the time of divorce and proof that you are working as well and if you have all this proof they would issue you the COA of marraige .

[jude]

Vegeta if ur X sopuse doesnt want to cooperate then you are in trouble because they is nothing the HO can do. It is also stated that if you can hired private paylo which are based in liverpool and working under HO can help you as long your X is still working in uk. They have the right to go to ur X spouse company/ or can check through their NI . I assume john know about this . Sorry about my english

I was married for 4 years plus. As I mentioned no need to sent the document when they have not asked , but is still ok . Ask any question you want to .

Jude, did you go through retention of right yourself? it seems like a minefield to me and it is open to abuse (what if the spouse doesnt want to cooperate after divorce have initiated? )

Datuchi and Obie were really helpfull regarding this matter, if you want to add anything that we might lookout for let us know.

regards

[vegeta_2009]

private paylo which are based in liverpool and working under HO can help you as long your X is still working in uk. They have the right to go to ur X spouse company/ or can check through their NI . I assume john know about this ]

thanks jude, just to clarify, who is john and what is paylo?

[irakra]

Hi!!1

Actually HO advisors told me on the phone to do that, so I did informed HO by the letter like I said, I was actually surprised they didn't reply. Maybe they did, but I changed my address about 2 months ago. Anyway I called HO then, asking why nobody replied, and they said that they wouldn't and I should wait till my current RC expires, which is 2012 and is quite a while, so I definately will apply for COA in the next couple of months and then they will ask me to send everything, I just wonder how it goes, if you apply for COA the office is in Durham, and retention of rights people are located in Liverpool, so how is that gonna work? I would send my passport with COA to Durham and what next, they would get in touch with Liverpool and they would contact me but normally they would need my passport as well which would be in Durham, DON'T KNOW.

Wait and see......

[jude]

Irakra , if I were you I would first apply for my rentation right with out my passport just a coving letter and the divorce certificate. After 2 weeks apply for the COA marraige with you/your spouse passport. I would not sent mt passport for rentation because they may not sent it to you .

[datuchi]

Have you tried to give notice of marriage already? You might not be asked to provide COA, since you are technically allowed Business Activities and retained your right of residence, you should be able to get married without COA.

Why don't you try to give notice to the Registrar to marry first? They should not ask you for COA.

http://www.ukba.homeoffice.gov.uk/visit ... fapproval/

Again, you are technically not a family member of an EEA national because you divorced the very EEA member. The highlighted bit refers to those non-EEA people who are here on as extended family members etc, who also have EEA2 cards, BUT the Registrar does not necessarily know that. All they know is the rules they are given. Try different ones.


"The rules on certificate of approval do not apply to you if you:

* are a British citizen; or
* are a national of a country in the European Economic Area (EEA); or
* are the family member of an EEA national and have right of residence in the United Kingdom but are not yourself an EEA national; or
* have in your passport a certificate of entitlement giving you right of abode in the United Kingdom; or
* are not subject to immigration control.

Hi!!1

Actually HO advisors told me on the phone to do that, so I did informed HO by the letter like I said, I was actually surprised they didn't reply. Maybe they did, but I changed my address about 2 months ago. Anyway I called HO then, asking why nobody replied, and they said that they wouldn't and I should wait till my current RC expires, which is 2012 and is quite a while, so I definately will apply for COA in the next couple of months and then they will ask me to send everything, I just wonder how it goes, if you apply for COA the office is in Durham, and retention of rights people are located in Liverpool, so how is that gonna work? I would send my passport with COA to Durham and what next, they would get in touch with Liverpool and they would contact me but normally they would need my passport as well which would be in Durham, DON'T KNOW.

Wait and see......

[irakra]

Thanks,
I appreciate you advice...But I am not an EEA family member anymore. Even if I retain my rights. I already called HO, and they told me I need a COA. even if they don't know at the registry office and my mariage happens without COA, later in the eyes of HO it could be viewed as an illegal marriage or something... I know for sure that I need COA, Swan was in the same situation, don't know if you read her thread. I just want to apply for COA, get married, and then apply for 2 year spousal visa, even if I retain my rights of residence, because if I don't apply for a spousal visa I would have to go through the same nightmare again when applying for PR 2 yeras later (it would be 5 in the UK for me) I would again need my ex's documents and the rest. Or I would have to wait for another 5 years and apply for PR in my own right i meen without ex's proof of employment for the first 3 years, prooving that I was working all these time, which is nonsence, because it would make me dependant on my employment.

regards,

P.S. Jude what do you mean by "apply for retention of rights without your passport"? In that case I already "applied" like I mentioned before when I said I already informed HO of my divorce and they didn't respond!!!

[jude]

Sorry inakra, i don't know that you have already applied for Ren of rights. What I mean was if you are applying to retain your rights do not sent your passport to HO because they might not sent it to you back when you need it . If you apply for the COA (marraige) HO would ask you to sent proof of ur X spouse treaty rights at the start of divorce and end and proof that you are either working , study , self suff person and if you provide them this document they would issue you the COA but if you are unable to provide it your resident stay would be revolk/cancel , so please know how you are playing your game. Hope that helps. If you have the proof then go for it if not don't try , you would be in problem.

I appreciate you advice...But I am not an EEA family member anymore. Even if I retain my rights. I already called HO, and they told me I need a COA. even if they don't know at the registry office and my mariage happens without COA, later in the eyes of HO it could be viewed as an illegal marriage or something... I know for sure that I need COA, Swan was in the same situation, don't know if you read her thread. I just want to apply for COA, get married, and then apply for 2 year spousal visa, even if I retain my rights of residence, because if I don't apply for a spousal visa I would have to go through the same nightmare again when applying for PR 2 yeras later (it would be 5 in the UK for me) I would again need my ex's documents and the rest. Or I would have to wait for another 5 years and apply for PR in my own right i meen without ex's proof of employment for the first 3 years, prooving that I was working all these time, which is nonsence, because it would make me dependant on my employment.

regards,

P.S. Jude what do you mean by "apply for retention of rights without your passport"? In that case I already "applied" like I mentioned before when I said I already info

[irakra]

Hi, Jude

I will have to go through the process anyway either now or at the end of my RC.

Do you mind me asking where you sent proof of your ex's excercising treaty rights to Durham or Liverpool? Please, let me know. That would make the picture clearer.

regards

[jude]

Liverpool

[datuchi]

Irakra, if you are afraid that the HO would view your marriage without COA as illegal, you are not right. You automatically retain your right of residence, which means that you are eligible to get married without COA on the same basis as if you wanted to work or remain in the UK at the moment. Otherwise from what you are saying, you are not legally in the UK? If you are, then get married etc.

Finally, when you apply for PR, you will not be applying on the basis of your marriage, but retention of your rights. Moreover, if you decide to get married and go through the National route, the rules will change in July 2011, and it is also going to be long for you etc, you will need 3 and not 2 years, as ILR will not exist anymore by the time you decide to finish your 2 year marriage. My advice is for you to stick to your EEA route.

Thanks,
I appreciate you advice...But I am not an EEA family member anymore. Even if I retain my rights. I already called HO, and they told me I need a COA. even if they don't know at the registry office and my mariage happens without COA, later in the eyes of HO it could be viewed as an illegal marriage or something... I know for sure that I need COA, Swan was in the same situation, don't know if you read her thread. I just want to apply for COA, get married, and then apply for 2 year spousal visa, even if I retain my rights of residence, because if I don't apply for a spousal visa I would have to go through the same nightmare again when applying for PR 2 yeras later (it would be 5 in the UK for me) I would again need my ex's documents and the rest. Or I would have to wait for another 5 years and apply for PR in my own right i meen without ex's proof of employment for the first 3 years, prooving that I was working all these time, which is nonsence, because it would make me dependant on my employment.

regards,

P.S. Jude what do you mean by "apply for retention of rights without your passport"? In that case I already "applied" like I mentioned before when I said I already informed HO of my divorce and they didn't respond!!!

[cabarete]

Hello guys, i have a few questions regarding this same subject:

my situation is very similar.

i've retained my right of residence and i would like to update my visa so it reflects that. My current visa expires in 2012, i would have been 5 years in the uk by then, i did send them a letter the next day i got divorced, no reply.

- is it really worth it updating the visa or should i wait until 2012, and then apply for ILR? or will it be a nightmare to apply for ILR?

- also, to prove that my ex was exercising her right to be here is a council tax bill and her payslip from the time of the divorce enough to prove it?


i'm in the process of collecting all the documents and send everything to the home office (including my passport).

i'm just concerned that i will be embarking in a very long process and that at the end of 2011 i ill need to start it all over again. so why bother now?

please advise.

Thanks!

[vegeta_2009]

Hello guys, i have a few questions regarding this same subject:

my situation is very similar.

i've retained my right of residence and i would like to update my visa so it reflects that. My current visa expires in 2012, i would have been 5 years in the uk by then, i did send them a letter the next day i got divorced, no reply.

- is it really worth it updating the visa or should i wait until 2012, and then apply for ILR? or will it be a nightmare to apply for ILR?

- also, to prove that my ex was exercising her right to be here is a council tax bill and her payslip from the time of the divorce enough to prove it?


i'm in the process of collecting all the documents and send everything to the home office (including my passport).

i'm just concerned that i will be embarking in a very long process and that at the end of 2011 i ill need to start it all over again. so why bother now?

please advise.

Thanks!

when was it that you sent the letter? it usually takes them 2-3 months to reply to any kind of request.

you're saying that you are collecting documents to be sent, do you know how you are going to apply? or is it just a covering letter with the proper documents you are sending?

it would be much better to do it now rather than 2 year later, you never know what else might you need or what other documents that you have to prove.

[jude]

Datuchi are you an immmigration lawyer? And who told you that Irakra does not need COA of marriage? The only people that, they don't need COA are PR,EEA, and Bri holder.


Irakra, if you are afraid that the HO would view your marriage without COA as illegal, you are not right. You automatically retain your right of residence, which means that you are eligible to get married without COA on the same basis as if you wanted to work or remain in the UK at the moment. Otherwise from what you are saying, you are not legally in the UK? If you are, then get married etc.

Finally, when you apply for PR, you will not be applying on the basis of your marriage, but retention of your rights. Moreover, if you decide to get married and go through the National route, the rules will change in July 2011, and it is also going to be long for you etc, you will need 3 and not 2 years, as ILR will not exist anymore by the time you decide to finish your 2 year marriage. My advice is for you to stick to your EEA route.

Thanks,
I appreciate you advice...But I am not an EEA family member anymore. Even if I retain my rights. I already called HO, and they told me I need a COA. even if they don't know at the registry office and my mariage happens without COA, later in the eyes of HO it could be viewed as an illegal marriage or something... I know for sure that I need COA, Swan was in the same situation, don't know if you read her thread. I just want to apply for COA, get married, and then apply for 2 year spousal visa, even if I retain my rights of residence, because if I don't apply for a spousal visa I would have to go through the same nightmare again when applying for PR 2 yeras later (it would be 5 in the UK for me) I would again need my ex's documents and the rest. Or I would have to wait for another 5 years and apply for PR in my own right i meen without ex's proof of employment for the first 3 years, prooving that I was working all these time, which is nonsence, because it would make me dependant on my employment.

regards,

P.S. Jude what do you mean by "apply for retention of rights without your passport"? In that case I already "applied" like I mentioned before when I said I already informed HO of my divorce and they didn't respond!!!

[/quote]

[cabarete]

when was it that you sent the letter? it usually takes them 2-3 months to reply to any kind of request.

you're saying that you are collecting documents to be sent, do you know how you are going to apply? or is it just a covering letter with the proper documents you are sending?

it would be much better to do it now rather than 2 year later, you never know what else might you need or what other documents that you have to prove.

I sent them a letter in 2008, just letting them know, no reply.

I will reapply with the EEA 2 form, will send a covering letter explaining what happened and the fact that i'm applying to retain the right of residence. then i will add my ex's payslips from the time and whatever else they ask for.

[vegeta_2009]

I sent them a letter in 2008, just letting them know, no reply.

ouch! that's is a long time, i though they were supposed to acknowledge every correspondence? isnt that correct guys?

[nanaaddo80]

Hi ,all
Its been nearly three(3) weeks since i notified the ukba of my divorce.I have checked and been confirmed by an electronic prove of delivery as i mailed using special delivery..............Why can't they bother to send atleast an acknowledgement(COA) immediately they receive important documents from the public.The whole system needs overhauling.

[nanaaddo80]

UPDATE........
I have today recived from the UKBA a CERTIFICATE OF APPLICATION dated 26/01/2010.This means that it took them three(3) weeks to reply to me notifying them of my Divorce.
Now, the COA Reads..
Dear.....
Thank you for your application of 02 January for a Residence Card or Permanent Residence Card.We advice you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).For up-to-date turnaround times on particular application please visit www.ukba.homeoffice.gov.uk.
We would reguest that you do not telephone or make written enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.
Yours Sincerely,
DPT Liverpool
Data Proc Tm Liverpool 1
Now the very first line of this letter, they metioned RC or PRC.I wonder why they stated both.Anyone have an idea about this or is it just a standed letter for everyone regardlless of what application one is making?
Thanks alot

[Plum70]

UPDATE........
Now the very first line of this letter, they metioned RC or PRC.I wonder why they stated both.Anyone have an idea about this or is it just a standed letter for everyone regardlless of what application one is making?

Just a standard letter template.

[nanaaddo80]

Hi Plum70,
Thanks for the clarification.I was abit worried though.

[irakra]

I received exactly the same letter from them, and that was it. They never got back to me. I infomed them of my divorce by a letter, so I presume, they want me to apply when my RC expires, maybe in you case they will do the same.

Just wanted to share my experience.

[nanaaddo80]

Hi Irakra,
I sent more than just a letter to them........Rather all relevant documents laid therein in the directive.Anyway, when is your RC expiring?. I wonder why my home office reference number has /2 now.Any ideas as to what it means.
Thanks

[irakra]

It expires in 2012. But I don't want to wait for another 2 and a half years in limbo. You might go mental if you live all this time constantly thinking if you will stay or go home. So I want to get married to my british partner apply for COA. and then a spousal visa. Thats my plan, just want to get it over with. We go to croydon in two weeks and gonna talk to those "advisors" at the customer service. I'll let you know that they gonna tell me, anyway my suspition is they dont know, as always.

[nanaaddo80]

Hi Irakra,
I wish you best of luck and trust me,no matter what,God will make a way.

[nanaaddo80]

UPDATE........
I have today recived from the UKBA a CERTIFICATE OF APPLICATION dated 26/01/2010.This means that it took them three(3) weeks to reply to me notifying them of my Divorce.
Now, the COA Reads..
Dear....
Reference........./2
Thank you for your application of 02 January for a Residence Card or Permanent Residence Card.We advice you not to make any non-urgent travel plans until we have decided your application and returned your passport(s) or travel document(s).For up-to-date turnaround times on particular application please visit www.ukba.homeoffice.gov.uk.
We would reguest that you do not telephone or make written enquiries about the progress of the application before you hear from us unless a passport or other document is needed urgently, as this diverts resources from making decisions.
Yours Sincerely,
DPT Liverpool
Data Proc Tm Liverpool 1
Now the very first line of this letter, they metioned RC or PRC.I wonder why they stated both and also why my home office reference has /2.Anyone have an idea about this or is it just a standed letter for everyone regardlless of what application one is making?
Thanks alot