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Almost at the verge of Apllying for PR befor ROR any Advice

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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maomao
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Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Almost at the verge of Apllying for PR befor ROR any Advice

Post by maomao » Mon Oct 12, 2015 12:35 pm

Thinking to put in application for Permennt residence
Postby maomao » Mon Oct 12, 2015 12:26 pm

Hello to every one here and I think you all for the beilliant job this forum is doing and God bless the initiators of this board!

I am searching for an answer towards my case but first let me just state my immigration history down so every one will be great to advice and contribute :
Came to UK 2010
meet my ex wife the same year 2010
1 year later we started planning to get marry
Stayed together as cohabitation
2012 February got married and got my resident card later 2012
Lived together under one roof for 3 & half
Finall get divorced 5august 2015
She has lived in the UK for 11 good years
I was thinking if h/0 will approved me of getting married to my fiancée which they have accepted me to marry her
Now I want to apply for Permennt resident based on the number of years I have lived altogether with her under the same roof and I have printed out the EEA 4 form for PR
Will I be qualify ? Although I knew I should apply first for retention of Right , however because of my time with her before marriage and after marriage I thought it fit to go for Permennt resentment now and she is ready to provide every single document to show she had been excising treaty right and she is cooperating fully ? Any advice ? Many thanks to all

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by Obie » Mon Oct 12, 2015 2:06 pm

You will not qualify as you have not resided in accordance with the regualtion for the required period yet.
Smooth seas do not make skilful sailors

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 13, 2015 4:58 am

Thanks obie but again I have lived in UK since 2010 and with my ex before marriage what could you say under new regulation ?

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 13, 2015 7:17 am

Hi guys still craving indulgence for advice and way for to words my case , hope someone most concern will dig deeper into it for congress solution as as the way forward ! Many thanks

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by sheraz7 » Tue Oct 13, 2015 8:43 am

Unfortunately you are not yet entitled for PR but you may qualify for ROR. Because your clock towards achieving PR had started from the time when you were recognized as the family member of EU national which is your date of wedding. Therefore, the time you spent prior to marrying won't be counted.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 13, 2015 8:50 am

Ok sheayn I will proceed with the Ror
Many thanks

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 20, 2015 8:04 am

Hello guys ! Thank you everyone for your single individual help and advice to the forum
I spoke to A lawyer about me applying for RoR! After that consulted the H/O to ask because before my marriage H/o had all my information that I am living with my fiancée and I got so many letter and proofs from home office sending me letters and to my furnacee then ! When I lived with her since 2010 home office acknowledged that but recently I posts here so some could really help or advice me if I could apply for PR and senior moderators told me to do ROR BECSAUSE WILL NOT SUCCEED ! I would like to kindly aske again with all my proofs from the home office and other local authority and organisations letter showing that I was with my ex befor marriage wouldn't that be enough to claim cohabitation leading to PR???
Please some help guru ,obie, another's you are great guys to heal this up please !

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 20, 2015 8:10 am

Please Vinny , casa Jambo you advice is highly solicited

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by sheraz7 » Tue Oct 20, 2015 10:07 am

You have already been advised correctly as your clock towards PR will only start where you had been recognized as the EU national family member. In your case if you had got RC on the basis of your cohabitation prior marrying then that period maybe counted towards PR. I am sure a lot of solicitors may have/will advise you that you can succeed for getting PR depending on their knowledge but unfortunately you cannot meet the requirements and although mistakes/miracles do happens time to time but HO usually not do such mistake especially when granting PR.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 20, 2015 11:47 am

Sherez7 I think do convinced from what you just advice but I argued this same thing to the barrister / solicitor and he pinpoint on the changes that was amended in the regulation that cohabition under EU is it evidently note taking where there or not arc is acquired !
But from the looks of you judgement I persuaded it expedient that I go with that ! I made the lawyer to understand this but he gave me a persuasive judgement to believe what he means !
And if I may asked once more again howling after Divorce should one submit evidence ROR ? Is it 3 months or4 months cuz I really want to arrange the bundle very well ! Many many thanks Sharez7

Obie
Moderator
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by Obie » Tue Oct 20, 2015 11:51 am

Some lawyers have problems understanding EU law, and if he told that you will qualify , and you had to show him, then that is not a positive sign.

It shows his lack of understanding of the regulation.
Smooth seas do not make skilful sailors

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by maomao » Tue Oct 20, 2015 12:57 pm

Obie am impress by that he lacks the understanding about EU reg
Thank you but could you please reply to the question asked about how long it will take after divorce to apply for ROR ! Cuz I want to take time to bundle up and send !
Thank you obie and Sharex7

maomao
Member
Posts: 115
Joined: Mon Jul 16, 2012 6:20 pm

my ex wife gave me support but cannot provide account and le

Post by maomao » Tue Dec 08, 2015 9:39 am

Hello Everyone, i just want to crave you help and support on this issue, my ex has given me most of his 11 years treaty right since she entered UK in 2004 but, however she couldnt support me with account letter to apply for ROR or permanant residence if peharps as the case might with my time of staying with her.
Let me briefly state a run down history

Married -12 februaryy 2012
RC issued 2013 after long awaiting period
Got Divorce August 2015
Since the divorce gone through she told me plain truth that her self employment for 11 she cant provide an accountant for that but was able to give me her tax return with HMRC,self assesement for 10 years class 2 National insurance contribution for 11 years, letters from costumers stating she has been working for them the past 10 years, and invoices but no accountant involvment. I stay with her since 2010 and till we got married 2012 .and because of this issue ox accountant thing i couldnt apply since Divorce finalised august to now .
Is there anybody ghat can tell me that without accountant and letter will be better off and will that affect my application for not applying earlier till now because two months from now will make me 5 years in when we get married and 6 months since we divorce. Also like to know if PR will be applicable i am also 5 years in the UK since got evidence of living her under co habitation which the H/O was aware by then
Thank you all in advance for advices

Carling40
Member
Posts: 197
Joined: Tue Oct 05, 2010 1:14 am
Australia

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by Carling40 » Sun Dec 20, 2015 4:42 pm

hi maomao
had you applied and got your initial residence card on the basis of an unmarried partner prior to 2012 initially, then your 5 year clock would have started at the time that was issued.
but because you acquired your residence card on the basis of when you married i.e 2012 you are not eligible for PR until the end of that 5 year period i.e 2017. In 2017 you would need to provide your ex treaty rights from date of marriage 2012 till decree absolute i.e 2015 + evidence of your own employment activity from decree absolute till 2017, hence 3+2=5.

At the moment you can apply for ROR to confirm you have retained your rights, but be sure to keep all the documents you use because you would need it again in 2017 when you apply for PR.

i hope this helps clarify things.
best wishes

Wise
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Joined: Sat Nov 22, 2014 10:43 am
Germany

Re: Almost at the verge of Apllying for PR befor ROR any Ad

Post by Wise » Sun Dec 20, 2015 11:28 pm

Maomao,

I must say you're extremely luck to have such a very clear explanation like this on your case which could have cost you money, all the people that advice you so far are truly genuine people who will not tell you to go for anything contradictory to EU law.

Follow the instructions given and remember to come back to testify.

Good luck.
It is really good to help and everyone deserve to be respected in life. Good luck.

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