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Retaining Right of Residence following 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

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.

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

Post by Pakhtoon » Tue Feb 09, 2010 8:52 pm

I am not judging. Just curious. Marry an EEA girl, cope with it for 4-5 years, get permanent residence, say good-bye to the girl. Convenient isn't it ??
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

datuchi
BANNED
Posts: 225
Joined: Fri Feb 20, 2009 12:42 pm
Location: NW London

Post by datuchi » Tue Feb 09, 2010 10:14 pm

Mate, there you are again with you smug comments... asking "dumb" questions as if you can't read for yourself what the thread is about. Caught you out again, haven't I... I did have a reason to have a go at you in the other thread and it's a SHAME that the moderators turn a blind eye to what is happening... you provoke people to have reactions to your stupid comments. Innocent till proven guilty, and there is nothing, absolutely nothing in this particular thread which warrants your disrespectful comments... I wish someone answered: "yes, as a matter of fact, it is the very thread you suggested, what then?"

Archigabe, mate, have a word, will you? I am only maintaining my cool not to get banned otherwise I would have poured all sorts over you... inwarsaw.






inwarsaw wrote: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 ?
None of the advice/opinion is expressed with the view of assuming responsibility as to its accuracy. Anyone intending to rely on any advice/opinion should seek independent legal advice before acting upon it.

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

Post by Pakhtoon » Tue Feb 09, 2010 10:17 pm

datuchi wrote:Mate, there you are again with you smug comments... asking "dumb" questions as if you can't read for yourself what the thread is about. Caught you out again, haven't I... I did have a reason to have a go at you in the other thread and it's a SHAME that the moderators turn a blind eye to what is happening... you provoke people to have reactions to your stupid comments. Innocent till proven guilty, and there is nothing, absolutely nothing in this particular thread which warrants your disrespectful comments... I wish someone answered: "yes, as a matter of fact, it is the very thread you suggested, what then?"

Archigabe, mate, have a word, will you? I am only maintaining my cool not to get banned otherwise I would have poured all sorts over you... inwarsaw.






inwarsaw wrote: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 ?
Looks like I have touched the nerve.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

datuchi
BANNED
Posts: 225
Joined: Fri Feb 20, 2009 12:42 pm
Location: NW London

Post by datuchi » Tue Feb 09, 2010 10:49 pm

:lol:
If I'm on thin ice for my comments, you should be under thick one, you annoying little dearly beloved saddo.
:lol:



inwarsaw wrote:
datuchi wrote:Mate, there you are again with you smug comments... asking "dumb" questions as if you can't read for yourself what the thread is about. Caught you out again, haven't I... I did have a reason to have a go at you in the other thread and it's a SHAME that the moderators turn a blind eye to what is happening... you provoke people to have reactions to your stupid comments. Innocent till proven guilty, and there is nothing, absolutely nothing in this particular thread which warrants your disrespectful comments... I wish someone answered: "yes, as a matter of fact, it is the very thread you suggested, what then?"

Archigabe, mate, have a word, will you? I am only maintaining my cool not to get banned otherwise I would have poured all sorts over you... inwarsaw.






inwarsaw wrote: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 ?
Looks like I have touched the nerve.
None of the advice/opinion is expressed with the view of assuming responsibility as to its accuracy. Anyone intending to rely on any advice/opinion should seek independent legal advice before acting upon it.

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

Retain Rights

Post by nanaaddo80 » Tue Feb 09, 2010 11:52 pm

Hi inwarsaw,
I'll appreciate it very much if you dont use my thread for unjustified and silly comments.If you have no relevant contribution to make just dont write anything.BEEEEEEEEEEEEEEE WARNED

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

Post by Pakhtoon » Wed Feb 10, 2010 5:48 am

datuchi wrote::lol:
If I'm on thin ice for my comments, you should be under thick one, you annoying little dearly beloved saddo.
:lol:



inwarsaw wrote:
datuchi wrote:Mate, there you are again with you smug comments... asking "dumb" questions as if you can't read for yourself what the thread is about. Caught you out again, haven't I... I did have a reason to have a go at you in the other thread and it's a SHAME that the moderators turn a blind eye to what is happening... you provoke people to have reactions to your stupid comments. Innocent till proven guilty, and there is nothing, absolutely nothing in this particular thread which warrants your disrespectful comments... I wish someone answered: "yes, as a matter of fact, it is the very thread you suggested, what then?"

Archigabe, mate, have a word, will you? I am only maintaining my cool not to get banned otherwise I would have poured all sorts over you... inwarsaw.






inwarsaw wrote: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 ?
Looks like I have touched the nerve.
.....yawns
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

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

Re: Retain Rights

Post by Pakhtoon » Wed Feb 10, 2010 5:51 am

nanaaddo80 wrote:Hi inwarsaw,
I'll appreciate it very much if you dont use my thread for unjustified and silly comments.If you have no relevant contribution to make just dont write anything.BEEEEEEEEEEEEEEE WARNED
contribution ? what kind of ? advise on how to dodge the system for example ?

to you and datuchi, warning me to stop posting my thoughts here....there is a thing called freedom of speech and expression. Get real sirs.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

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

Post by cabarete » Wed Feb 10, 2010 9:55 am

inwarsaw wrote: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 ?
for a senior member of a forum dedicated to advise inmigrants that come here to live, you sure are helpful.

now, mister what would you do? after you travel half around the world to meet someone you love and after 4-5 years as you say, get divorced?....

you could go home, of course,

HOWEVER

you can also stay here LEGALLY

without asking anything for free to anyone

and that is what we're doing here

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

Post by Pakhtoon » Wed Feb 10, 2010 10:06 am

cabarete wrote: for a senior member of a forum dedicated to advise inmigrants that come here to live, you sure are helpful.
I am a senior member ?? thanks for the complement :)
cabarete wrote: now, mister what would you do? after you travel half around the world to meet someone you love and after 4-5 years as you say, get divorced?....
First of all, if my travelling around half of the world as you said, was for being with the love of my life, then what on earth could kill this love as quick as in 4-5 years ?

I don't see any reason unless of course, I get married with the intention of being married for 4-5 years.
cabarete wrote:you could go home, of course,
HOWEVER

you can also stay here LEGALLY
Sure. No wonder then more and more locals of UK and Ireland are fed up with their immigration.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

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

Post by cabarete » Wed Feb 10, 2010 10:32 am

so now you're a marriage advisor as well?

i won't waste my with you, so i'll just leave it at that

enjoy poland or wherever you live, inmigrant free as you clearly hope

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

Post by Pakhtoon » Wed Feb 10, 2010 10:52 am

cabarete wrote:so now you're a marriage advisor as well?

i won't waste my with you, so i'll just leave it at that

enjoy poland or wherever you live, inmigrant free as you clearly hope
I wish I was marriage advisor, I would be a rich man. And I am immigrant myself so why would I be for 'immigrant-free' or something ??

My only question is, why does love finish after 4-5 years ? first people come and say they are all in love, want to marry, live together bla bla......after 4-5 years they come and say they are done with love, relationship and the sort and want divorce AND retain the visa status in UK OR IRELAND...

Funny isn't it ??
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Trent
Newbie
Posts: 47
Joined: Mon Feb 08, 2010 1:58 pm

Post by Trent » Wed Feb 10, 2010 11:22 am

inwarsaw wrote: First of all, if my travelling around half of the world as you said, was for being with the love of my life, then what on earth could kill this love as quick as in 4-5 years ?


You clearly don't have much experience in relationships. Could this explain your bitterness? Or could you just be trolling? I suspect the latter which is why I would advise others just ignore this attention seeker.

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

Post by Pakhtoon » Wed Feb 10, 2010 11:49 am

Trent wrote:
inwarsaw wrote: First of all, if my travelling around half of the world as you said, was for being with the love of my life, then what on earth could kill this love as quick as in 4-5 years ?


You clearly don't have much experience in relationships. Could this explain your bitterness? Or could you just be trolling? I suspect the latter which is why I would advise others just ignore this attention seeker.

You are right, I don't have any experience in 'relationship for visa', the one which people in this thread seem to have had just to keep their asses in UK and Ireland.

I am not bitter by the way, just skeptical and would like to know how can people be this much pathetic to ruin someone's life for securing their immigration status.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Trent
Newbie
Posts: 47
Joined: Mon Feb 08, 2010 1:58 pm

Post by Trent » Wed Feb 10, 2010 12:02 pm

inwarsaw wrote:You are right, I don't have any experience in 'relationship for visa', the one which people in this thread seem to have had just to keep their asses in UK and Ireland.

I am not bitter by the way, just skeptical and would like to know how can people be this much pathetic to ruin someone's life for securing their immigration status.
Don't put words in my mouth. Your accusations are unfounded, you have no proof.

Every couple has ups and downs, people change, circumstances evolve, sometimes there is no middle ground anymore. Do you think every relationship is rosey-eyed and all beautiful from beginning to end? If that is what a relationship means to you then I think you need to stay in your Peter-pan book. But I don't think you are that obtuse really, just trying to get a reaction.

Your sentiment of revulsion could be justified in those cases where it is true, and yes there must exist some. But you can't accuse people without evidence.

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

Post by Pakhtoon » Wed Feb 10, 2010 12:51 pm

Trent wrote:
Don't put words in my mouth. Your accusations are unfounded, you have no proof.

Every couple has ups and downs, people change, circumstances evolve, sometimes there is no middle ground anymore. Do you think every relationship is rosey-eyed and all beautiful from beginning to end? If that is what a relationship means to you then I think you need to stay in your Peter-pan book. But I don't think you are that obtuse really, just trying to get a reaction.

Your sentiment of revulsion could be justified in those cases where it is true, and yes there must exist some. But you can't accuse people without evidence.
Proof ? I never said I am here to prove anything. I just don't understand why the people, relationship, circumstances change after 4-5 years of marriage ??

Such marriages are supposed to be of far more speciality since, apparently, you don't care about the huge cultural, religious, social and lifestyle differences because 'you are in love'.

But once the permanent residence is reached, the love gets punctured.

Too simple to be true.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

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