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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

olootu6831
Newly Registered
Posts: 3
Joined: Wed Jan 30, 2008 8:58 pm

Re: Rtained Rights

Post by olootu6831 » Fri Jul 30, 2010 12:47 pm

nanaaddo80 wrote:Hi,
Yes I did reply to the asylum letter bringing to their attention my documents are with the liverpool office and that I am under european law.
Do not ignore their letter, it might come back to hunt you.
All the best
Thanks nanaaddo80. I'll return the form with the 4 Passport photographs as requested and I'll also let them know that I have an application under EEA pending at the Liverpool office.

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

Retain Rights

Post by nanaaddo80 » Tue Aug 10, 2010 10:19 am

Update,
I want to thank all members for helping.I just received all documents back form ukba with a right of permanent residence.I want tothank Obie for all the help.Thanks to all and good luck to all waiting.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Re: Retain Rights

Post by bobobo » Tue Aug 10, 2010 11:02 am

congratulations nanaaddo, very happy for you mate. all the efforts have paid off.
nanaaddo80 wrote:Update,
I want to thank all members for helping.I just received all documents back form ukba with a right of permanent residence.I want tothank Obie for all the help.Thanks to all and good luck to all waiting.

noodles
Newbie
Posts: 45
Joined: Thu Jun 10, 2010 10:49 am

Post by noodles » Tue Aug 10, 2010 11:26 am

Congratulations mate, hope you enjoy your new freedom and i wish everyone waiting for favourable results including myself, God's favours and mercies towards their PR.

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

Retain Rights

Post by nanaaddo80 » Tue Aug 10, 2010 1:22 pm

Hi nodles and bobobo,
Thanks and I believe yours is on its way to you.

rinna
Newly Registered
Posts: 10
Joined: Tue Jan 12, 2010 10:45 pm
Location: Nottingham
Contact:

Post by rinna » Mon Aug 16, 2010 7:15 pm

Congratulations to you nanaaddo, at last its all joy. Can you tell us how long the whole process took? Thanks

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

Retain Rights

Post by nanaaddo80 » Tue Aug 17, 2010 7:55 am

Hi rinna,
Applied 4 january 2010
COA received after 3 weeks
PR received 10 August 2010
In all it took 6months and 3 weeks
Thanks

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Re: Retain Rights

Post by bobobo » Fri Sep 03, 2010 2:17 pm

Just to update everyone, i received my passport yesterday from the HO with a brand new RC valid until 2015. They sent me the wrong covering letter, cancelled my previous RC and issued me a new one for 5 years.
So I guess I was successful in retaining my residence.
Applied: 11 Feb 2010
HO Recd: 12 Feb 2010
Chased after 3 months and then kept calling Ho twice a month.
Send a complaint email on 10th August 2010.
Called HO on 18th August, was told that a decision had been made on my application,
Received all documents yesterday RC issued on 15 Aug 2010 (which was a SUNDAY) :lol:

all the best to everyone waiting for their RC it should be with them soon.
thanks

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

Retain Rights

Post by nanaaddo80 » Fri Sep 03, 2010 6:43 pm

Hi boboobo,
Congratulations in retaining your right of residence.
N

yusfaith
Junior Member
Posts: 59
Joined: Fri Nov 27, 2009 7:44 pm

Re: Retain Rights

Post by yusfaith » Fri Sep 03, 2010 7:19 pm

It was like a dream come through today, I finally got my PR today. 5months 3 weeks exactly. I give all the glory to almighty God and wish the forum the very best.




nanaaddo80 wrote:Hi boboobo,
Congratulations in retaining your right of residence.
N

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

Retain Rights

Post by nanaaddo80 » Fri Sep 03, 2010 8:15 pm

Hi Yus,
Congratulations and all the best.
N

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

Post by olujay25 » Fri Sep 03, 2010 11:36 pm

Please i need your advice,I applied for retention right of residence in april 2010.
This is my case:
Married in june 2004
resident card issued 2006
Marriage break down in 2007
divorce proceeding starts january 2010 and made absolute april 2010.
Sent application april 19th, received COA end of may.

Been with a british girlfriend since xmas 2007 and have 3 kids.

Documents sent for retention application:
1. Decree absolute
2.Decree nisi
3.Letter of employement and contract of employement for me
4.P60 for four years for me and 3 payslips(january till march 2010)
5. 2x council tax bill for ex-wife 2007
6. Credit card statement for ex-wife covering 2007 till 2009
7.Gas bill 2004 (Both of us)
8.bt bill 2006(both of us)
9.Electoral registration confirmation both of us
10.Bank statement both of us( 2007 till 2009 for ex wife)
11.Letter from employer of ex where she was cleaning from 2006 till 2008
12.Proof of National insurance payment as self employed covering january 2010 till march 2010. for ex-wife
13. Comprehensive health insurance covering december 2009 till december 2010. for both of us.
14.Ex wife blue resident card
15.self assessment notification letter for ex-wife for tax year ending 2010.
I think thats all i can remember ,they are variable because ex-wife wont co-operate which i did explain in my covering letter in my application and i have move house alot in space of four years.
What surprise me is that in june HO sent me a letter from case worker asking me to provide decree absolute.
proof of ex-wife excersing treaty rights at time of divorce
proof we lived in Uk for a year.
proof i am working after divorce.
I dont know if the letter is just standard letter.

What is my chance of successfull application.

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

Retain Rights

Post by nanaaddo80 » Sat Sep 04, 2010 2:46 pm

Hi Olujay25,
The letter i think is sent out only when case worker requires and since you already sent it with your application they shoudn't have requested that again,rather the case worker should have requested current pay slips or any other form to establish you are still excersing treaty rights.
All the best
N

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Re: Retain Rights

Post by bobobo » Mon Sep 06, 2010 1:26 pm

thanks nanaaddo
nanaaddo80 wrote:Hi boboobo,
Congratulations in retaining your right of residence.
N

kampk121
Junior Member
Posts: 96
Joined: Sat Feb 07, 2009 2:36 am

Plz someone help.... any word plz...

Post by kampk121 » Wed Oct 27, 2010 4:13 pm

Im a non eea national married with an eea national. married 3.5 years. 2.5 in uk.last month we had a routine fight, when it got suddenely very serious. we both cursed eachother and She decided to go back to her country!
and from there she wrote an email to Home Office that We r not living together since last 3 years. (which she lied!) She has been working in Uk for the last 2 years. although She terminated her job before leaving the Uk, and got her P45. After a month She told me everything and requested to reunite. as we had a really good friendship as well. and now we r back again in Uk. she is going to start a new job soon. We have joint bank account. Registered in council. fone bills.. Credit card statements on her name. her pay slips and p60 for the last two years and mine as well.
Now my quetions are:

1. what action home office can take upon her mail against me? is there any thing I should do as my wife is fully supported at the moment.. but her mood swings very quick. u never know when she changes her mind again..
2.If we divorce can I stay here on my own? I will really apreciate ur experience sharing..
thankx guys...

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Re: Plz someone help.... any word plz...

Post by bobobo » Thu Oct 28, 2010 8:14 am

There are plenty of posts regarding retaining rights of residence, You are posting in one such thread so dont ask the obvious.

With regard to the email sent to the HO, what email address was this sent to? also as long as you can satisfy all the HO criteria you should be OK.
kampk121 wrote:Im a non eea national married with an eea national. married 3.5 years. 2.5 in uk.last month we had a routine fight, when it got suddenely very serious. we both cursed eachother and She decided to go back to her country!
and from there she wrote an email to Home Office that We r not living together since last 3 years. (which she lied!) She has been working in Uk for the last 2 years. although She terminated her job before leaving the Uk, and got her P45. After a month She told me everything and requested to reunite. as we had a really good friendship as well. and now we r back again in Uk. she is going to start a new job soon. We have joint bank account. Registered in council. fone bills.. Credit card statements on her name. her pay slips and p60 for the last two years and mine as well.
Now my quetions are:

1. what action home office can take upon her mail against me? is there any thing I should do as my wife is fully supported at the moment.. but her mood swings very quick. u never know when she changes her mind again..
2.If we divorce can I stay here on my own? I will really apreciate ur experience sharing..
thankx guys...

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

Retain rights

Post by nanaaddo80 » Thu Oct 28, 2010 8:42 am

Hi Kampk121,
Check all post under your corncern and remember to do your home work well before sending anything to the home office.
All the best and good luck.
Nando

kampk121
Junior Member
Posts: 96
Joined: Sat Feb 07, 2009 2:36 am

Re: Retain rights

Post by kampk121 » Thu Oct 28, 2010 9:51 pm

tkx for ur reply nanaaddo80, I have checked all the post. really afraid to make some decision:(. plz recomend me something.... just clear me if I would be safe by applying divorce now? I will really apreciate ur copration.

kampk121
Junior Member
Posts: 96
Joined: Sat Feb 07, 2009 2:36 am

Re: Plz someone help.... any word plz...

Post by kampk121 » Thu Oct 28, 2010 9:52 pm

tkx to you as well bobobo....

sasim
Newly Registered
Posts: 21
Joined: Thu Oct 28, 2010 8:26 am
Location: LONDON

Post by sasim » Thu Oct 28, 2010 11:07 pm

hello guys first of all congrates to those who got what they wanted and best wishes to all who are waiting.
hope u guys give me some advice as well/

i married to eu member july 2004
got 1 year visa until 12/2005
and then 5 years until 01/2011
gave divorce in july 2010 and decree absolute issued in oct 2010.
marriage lasts nearly 6 years.
i have my last 6 years P60s and my ex last 5 years P60s.
some bills of each year from 2004 to 2010
will that be enough to apply for P.R ?
I dont have the payslips of my ex, from initiation of divorce until decree absolute as she is not co operating now.Am I in trouble due to this?

thanks

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Fri Oct 29, 2010 8:19 am

No Need to Post this on Multiple threads, your sitiuation or the responses will not change.
http://www.immigrationboards.com/viewtopic.php?t=65792

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

Retain Rights

Post by nanaaddo80 » Wed Nov 17, 2010 8:32 pm

Hi Kampk121,
Whats upwith your application.Share some more lighton it so I could help.
Have you submitted anything yet
?Thanks

LEo2009
Newbie
Posts: 43
Joined: Fri Sep 18, 2009 12:16 pm
Location: London
Contact:

Re: Retain Rights

Post by LEo2009 » Thu Nov 18, 2010 2:36 am

Hi Nanaaddo,

Many many congrats & I wish you luck for you future but I just would like to ask you what documents did you exactly sent & what was exact situation. It would be great help with my best of appreciation.

kampk121
Junior Member
Posts: 96
Joined: Sat Feb 07, 2009 2:36 am

Re: Retain Rights

Post by kampk121 » Thu Nov 18, 2010 11:24 pm

nanaaddo80 wrote:Hi Kampk121,
Whats upwith your application.Share some more lighton it so I could help.
Have you submitted anything yet
?Thanks
Hi nanaaddo80. tkhans for asking. i have not applied the divorce yet. but we both agree to do so. what u think would be better for me to apply my self for divorce or let her aplly divorce? I really apreciate ur time..

Nira
Newly Registered
Posts: 25
Joined: Sun Jul 29, 2012 2:01 am

Post by Nira » Sun Jul 29, 2012 2:11 am

Hi,

I came to the UK in 2006 (student visa)
Married EEA national July 2008
Got RC in Feb 2009
My husband came to the UK in 2005 and have been exercising his treaty rights till Dec 2011. Now he is sort of doing nothing, planning to start work in September over again. So I wonder if that would complicate things when I apply for my PR next year?

Since I can prove he has obtained the right of PR in 2010 (by living and working in the UK for 5 years) will I still need to show him exercising treaty rights after 2010?

I am posting this in this this thread as my marriage is breaking down, and divorce might happen soon.

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