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Applying for permanent residence after divorce

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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sanwar
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Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

retain right of residence difficulty getting documents

Post by sanwar » Wed Jan 24, 2018 5:56 am

hi everyone,
i need some advice regarding getting retain right because i am so confused and helpless from my ex

i got married in Dec 2013 with Czech Republican girl. Lived together more than 3 years. She started having affair with guy from her country over the phone in May 2017 and she disappeared. July 2017 I received a divorce petition from her accusing me of using her to get immigration status. I tried to contact her and tried to convince her but in vain. then Sep 2017 i decided to contest her divorce petition and filed my answer. Since then i have not received any reply from court. I have tried ringing in court they said they are waiting her response regarding your answer.

Sooner or later i will have court hearing and i have some evidence to prove she has been cheating on me.
and i am not sure she has made a complaint against me in Home Office or not.
how these accusations will effect my case ?

The Problem is she knows that i need her documents to show her Nationality and treaty rights (Wages slips or proof of work) at the time of absolute divorce,
and i know she is not working these days and she is not going to give me her documents.
and why would she give me ???
she do not even want to see me.

need some piece of advice please if anybody can
Thanks

too old
Member
Posts: 120
Joined: Sun Apr 21, 2013 3:22 am
Pakistan

Re: retain right of residence difficulty getting documents

Post by too old » Wed Jan 24, 2018 1:19 pm

Sorry to hear about what has happened in your case, it is indeed very unfortunate. Court matters aside, for you to further your residency in UK going forward, it is MUST that the EEA spouse is qualified person while the divorce is finalized. getting things like ID can be contested with UKVI however for the EEA person to be qualified is a must and in my opinion there is no way around it, no excuses/ cases accepted not that i am aware of. make sure you establish if your wife is qualified while the divorce is contested or preceded further. All the best

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Re: retain right of residence difficulty getting documents

Post by sanwar » Wed Jan 24, 2018 2:26 pm

Thanks for your reply,

I know i must give evidence that she is qualified. But the problem is she knows aswell. And you know how difficult is to get even 1 thing even which is yours from astranged ex. Now there it is i need to ask her can you please give your passport and work documents. I know what the answer will be and she will make sure I don’t get them.

Lets say for the sake of argument that she give me her documents And question is how i got them when there is divorce, fights, and arguments.
After divorce it's not pre planned or is it not the marriage of convienence ??????

My question is can i go without these documents ? i hope court is not blind as Home Office Law is ???

Or i am completing my 10 years residence next year can I prolong my divorce till that time ?
My next option is my brother is european national
He’s moving to UK next 6 months or so can i apply for extended family member straight away when he moves here till that i can prolong my divorce????
Thanks

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

Re: retain right of residence difficulty getting documents

Post by Obie » Wed Jan 24, 2018 8:09 pm

It would have been in your interest to not resist the divorce following your 3rd anniversary of marriage. Delaying divorce after that, does not serve your interest.
Smooth seas do not make skilful sailors

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Re: retain right of residence difficulty getting documents

Post by sanwar » Thu Jan 25, 2018 10:20 pm

I had to contest the divorce because she accused me of using her to get residence. Either i had to contest or accept what she accused me of. Now the delay is from her side not from my side.

Obie
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Location: UK/Ireland
Ireland

Re: retain right of residence difficulty getting documents

Post by Obie » Thu Jan 25, 2018 10:24 pm

Provided she is still exercising treaty rights, that is fine. You may seek Home Office assistance, or seek your own divorce.
Smooth seas do not make skilful sailors

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Re: retain right of residence difficulty getting documents

Post by sanwar » Sat Feb 16, 2019 5:44 am

Hi there
Thanks for previous advice

As u know from previous post i was contesting my divorce. As from your advice i had to put my divorce petition and After a long 1 year my divorce is finally completing on 17th April 2019.

I KNOW my wife must be qualified person at the time of divorce in case of ROR.

Now, scenario is i have completed 5 years of marriage in December 2018.
1. Do i qualify for permanent residence or i have to go for retain of right??

2. My wife was off from work for a year from march 2017 till April 2018 can i still go for PR?
SHE IS SELF EMPLOYED FROM APRIL 2018 and still working.

3. I have managed to get work documents from my wife's sister but my wife has refused to give me any form of ID.

I have written to Czech Republic embassy asking for my wife ID or any form of letter confirming her name on the letter will that be enough to cover ID requirement?

And i have convinced my wife's sister to give me in writing that she has refused to give me id

Please let me know what's my possibilities are or PR or ROR?

THANKS

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Applying for permanent residence after divorce

Post by sanwar » Mon Feb 18, 2019 4:58 pm

Hi there
I need some advice regarding my permanent residence
I am non eu citizen got married with eu citizen in December 2013 in uk.
Unfortunately we could not live happily decided to get divorce which is completing in April 2019.


Now, scenario is i have completed 5 years of marriage in December 2018 and completing 5 years of my residence card in june2019.

1. Do i qualify for permanent residence or i have to go for retain of right??

2. My wife was off from work for a year from march 2017 till April 2018 can i still go for PR?
SHE IS SELF EMPLOYED FROM APRIL 2018 and still working.

3. I have managed to get her work documents from my wife's sister but my wife has refused to give me any form of ID.

I have written to her country's embassy asking for my wife ID or any form of letter confirming her name on the letter will that be enough to cover ID requirement?

And i have convinced my wife's sister to give me in writing that she has refused to give me id

Please let me know what's my possibilities are or PR or ROR?

THANKS

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Applying for permanent residence after divorce

Post by Richard W » Mon Feb 18, 2019 7:23 pm

sanwar wrote:
Mon Feb 18, 2019 4:58 pm
2. My wife was off from work for a year from march 2017 till April 2018 can i still go for PR?
SHE IS SELF EMPLOYED FROM APRIL 2018 and still working.
Unless the two of you had Comprehensive Sickness Insurance (CSI) for that period, you have not qualified PR. However, on 30 March you will be able to apply for ILR under the EU Settlement Scheme - unless there is a catch in the prescribed method of application.

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Re: Applying for permanent residence after divorce

Post by sanwar » Mon Feb 18, 2019 8:09 pm

Thanks for your reply
Sorry we did not have sickness insurance for that period

What are the chances of going on retain of right?

And ilr under eu settlement scheme
What do you mean by, catch in prescribed method of application?

I have been student from 2009 till 2014
And from 2014 till 2019 on eu family member

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

Re: Applying for permanent residence after divorce

Post by Obie » Tue Feb 19, 2019 11:02 am

You cannot qualify for PR if there is a break in residence.
Smooth seas do not make skilful sailors

sanwar
Newly Registered
Posts: 8
Joined: Wed Jan 24, 2018 5:08 am
Pakistan

Re: Applying for permanent residence after divorce

Post by sanwar » Tue Feb 19, 2019 12:37 pm

Thanks obie for your reply
But i don't have break in residence i have break in my wife's work.

What are the chances of going on retain of right?
Can i go on ilr after getting ror? I am completing my 10 years residence in 2019.

Thanks i am really confused about my future in uk please guide me which option is best thanks

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

Re: Applying for permanent residence after divorce

Post by Obie » Tue Feb 19, 2019 1:00 pm

Lack of Treaty rights for a period breaks continuity of residence, that is what I meant.

You may qualify for a retained right of Residence.
Smooth seas do not make skilful sailors

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