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Retaining Right of Residence following Divorce

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

vegeta_2009
Member
Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Re: it is still not clear to me

Post by vegeta_2009 » Mon Jan 11, 2010 11:51 am

cabarete wrote: 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
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Right of Residnce

Post by nanaaddo80 » Wed Jan 27, 2010 9:24 pm

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.
Last edited by nanaaddo80 on Sat Jan 30, 2010 2:33 pm, edited 1 time in total.

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Right Of Residence

Post by nanaaddo80 » Sat Jan 30, 2010 2:32 pm

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
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 11:07 am

Re: Retain Right Of Residence

Post by Plum70 » Sun Jan 31, 2010 12:26 am

nanaaddo80 wrote: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
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Sun Jan 31, 2010 1:39 pm

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

irakra
Junior Member
Posts: 53
Joined: Mon Nov 03, 2008 6:32 pm
Location: london

Post by irakra » Sun Jan 31, 2010 3:03 pm

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
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Sun Jan 31, 2010 3:09 pm

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
Last edited by nanaaddo80 on Wed Feb 03, 2010 4:30 pm, edited 1 time in total.

irakra
Junior Member
Posts: 53
Joined: Mon Nov 03, 2008 6:32 pm
Location: london

Post by irakra » Sun Jan 31, 2010 3:37 pm

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
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Sun Jan 31, 2010 5:04 pm

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

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Re: Retain Right Of Residence

Post by nanaaddo80 » Wed Feb 03, 2010 4:27 pm

nanaaddo80 wrote: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

maamiejoe
Newly Registered
Posts: 3
Joined: Fri Feb 05, 2010 12:27 pm

retaining the right of residence following divorce

Post by maamiejoe » Fri Feb 05, 2010 3:21 pm

Hi,
I have a quick question. Does any one know the HO office will accept divorce papers signed by ex as prove of treaty rights during divorce proceedings? Because it also shows the address of residence by ex during that time.
I have a letter from the courts and a copy of the petition my ex signed from the court. All my documents are intact except prove of treaty rights by ex during divorce proceedings as he is not willing to cooperate and I have explained to the HO there is no cooperation from ex.
Thanks

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Fri Feb 05, 2010 3:37 pm

Hi Maamiejoe,
Probably it will be better if you could start by telling us when you got married,when you initiated divorce,when you got decree absolute and if your ex has worked throughout your marriage before divorce.I am sure once you do this you will get good advice by couple of gurus on the forum
Thanks

maamiejoe
Newly Registered
Posts: 3
Joined: Fri Feb 05, 2010 12:27 pm

retaining the right of residence

Post by maamiejoe » Fri Feb 05, 2010 4:20 pm

Well, I got married in january 2004.
Recieved RC March 2004
Divorce started august 2008
Absolute recieved in January 2009
Applied for PR March 2009 (with divorce certificate, proves of cohabitation for 3 years, proves of ex treaty right to june 08, evidence of mine till date
December January 2010 HO request for documents showing ex exercising treaty during divorce proceedings.
I have submitted court letters signed by ex to show he was in the uk since there is no cooperation from him.
Will these be accepted by HO as prove of treaty rights during divorce?

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Fri Feb 05, 2010 4:33 pm

Hi Maamiejoe,
The whole esscence of the HO is to establish excersing of treaty rights by your ex during divorce.The regulations says prior to initiation of divorce which means you should be able to atleast give evidence until decree nisi was pronounced.I have sent you a private message, check it
Thanks

maamiejoe
Newly Registered
Posts: 3
Joined: Fri Feb 05, 2010 12:27 pm

retaining the right of residence

Post by maamiejoe » Fri Feb 05, 2010 4:38 pm

Thanks I will check.

BLK235
Member
Posts: 138
Joined: Wed Jul 15, 2009 11:52 pm

Post by BLK235 » Fri Feb 05, 2010 7:04 pm

Just because EU national was present in the UK doesn't mean s/he exersiced Treaty Rights.

cabarete
Newbie
Posts: 38
Joined: Sun Jan 10, 2010 1:19 am

Post by cabarete » Mon Feb 08, 2010 5:34 pm

irakra, have you received a reply?

i am going to send them a letter with the copy of the documents i need asking them how to proceed, will not send my passport and i won't fill out the application just yet. My visa expires in 2012 like yourself and i'd really like to sort this out as soon as possible, but i will be travelling a few times this year, so i don't want to send my passport until it's really needed.

irakra
Junior Member
Posts: 53
Joined: Mon Nov 03, 2008 6:32 pm
Location: london

Post by irakra » Tue Feb 09, 2010 5:25 pm

Hi,
I have never heard from HO! So if you need to travel do that first, then inform them. Still there is a chance of them asking you to send them all the originals. They told me on the phone to wait till my visa expires. That's all I know. But I understand you. Travel is pretty unpleasant coz at the airport they can ask you about your ex. Or even ask for his phone to call him. Anyway good luck with your retention of rights.

regards

Pakhtoon
- thin ice -
Posts: 889
Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Post by Pakhtoon » Tue Feb 09, 2010 8:41 pm

Is this thread the one for those non-EEA guys who married EEA wives and after 4-5 years, are now in the process of divorcing ?
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

stop judging

Post by olujay25 » Tue Feb 09, 2010 8:48 pm

inwarsaw what problem have you got with people that divorce their spouse not every marriage lasts forever and stop jugding people ok.
If you have got no advice to give just say nothing rather than judging people.

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