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Applying for PR/I have retained my rights of residence

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

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sleeper
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Applying for PR/I have retained my rights of residence

Post by sleeper » Tue Sep 14, 2010 4:15 pm

Just a quick question for those who are 100% confident of what they say. I HAVE retained my rights of residence – new RC issued for 5 years + letter confirming that.
I can apply for PR in July 2011. Will I have to provide any supporting docs with my PR application to prove that my spouse exercised treaty rights for the time we were together? Or letter confirming my independent status in addition to my 5xP60s and latest payslips will be enough?

Thank you

sleeper
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Post by sleeper » Tue Sep 14, 2010 4:20 pm

Forgot to mention that I have comprehensive health insurance (through my employer) and planning to send 5 years certificates with my application too (just in case it will help to make a decision quicker 8) ) :lol:

sleeper
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Post by sleeper » Tue Sep 14, 2010 4:26 pm

As I understand the regulation, I don't need to provide it. Any ideas?

From 2006 Regulations:

Permanent right of residence
15.—(1) The following persons shall acquire the right to reside in the United Kingdom permanently

(f) a person who—
(i) has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years; and
(ii) was, at the end of that period, a family member who has retained the right of residence.

Guerro
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Joined: Fri Aug 27, 2010 5:48 am

Post by Guerro » Tue Sep 14, 2010 7:15 pm

Once you got your rc through retention of right of residence, you reside in the uk on your own right and any form of dependency or papers related to your ex partner is over

Mary1
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Joined: Mon Oct 27, 2008 9:24 pm

Post by Mary1 » Tue Sep 14, 2010 7:41 pm

Hi Sleeper

Unfortunately, you will still need to provide proof your ex was exercising treaty rights up to the point decree granted and even more than you required at the point of retention. Yes the regulation states one thing but the BIA do their own thing. I hope you've kept all the documentation you used for your retention.

Please read what this informative poster found out and hope the information clears up any questions you may have.

http://www.immigrationboards.com/viewto ... ht=#345947

Mary

bobobo
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Post by bobobo » Wed Sep 15, 2010 9:03 am

agree with Mary1, you might need to send all the documents that you sent to the HO previously while applying for retention of rights to be on the safer side.

sleeper
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Post by sleeper » Wed Sep 15, 2010 10:10 am

I think that their decision should be based on the rules which a set for them by Directive. When I retained my rights, I had to provide the docs that my ex was exercising her treaty rights before the divorce as it’s says in the Directive about it. That EEA member should be in UK before divorce and exercised treaty rights here.

It doesn’t say there that I have to prove that she was exercising her treaty for the whole period of our marriage (please see my post avove) and I think if someone will take them to AIT once, this issue will be resolved. She was working all the time during that period, but it’s quite complicated to get the information (Data Protection Act, etc...). I heard many times from this forum because of the incompetence of HO staff, information given by HO over the phone is incorrect. So I will not rely on the information given by Morpheo in his topic. Yes, he sent all the documents requested, but I think his case would be resolved without them as well.

Correct me if I’m wrong with a Directive rules.

P.S. Another question, even if they request this information, will I be eligible to apply as a self sufficient person. I have comprehensive medical insurance though my employer for the whole period of 5 years.

bobobo
Senior Member
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Post by bobobo » Wed Sep 15, 2010 12:18 pm

HO have implemented this directive with their own view and hence it would be advisable to adhere to what their requirements are or you are in for a rough ride with the HO. Providing these docs shouldnt be a problem as you must have sent them to the HO anyways for retaining the rights of residence.
Also please note that if you were to say that your ex was self sufficient you would be making a false statement and the HO can actually cancel your residence permit as you would be trying to furnish false information. You must have provided some information of here exercising treaty rights when you retained your residence just send the whole pack again.
sleeper wrote:I think that their decision should be based on the rules which a set for them by Directive. When I retained my rights, I had to provide the docs that my ex was exercising her treaty rights before the divorce as it’s says in the Directive about it. That EEA member should be in UK before divorce and exercised treaty rights here.

It doesn’t say there that I have to prove that she was exercising her treaty for the whole period of our marriage (please see my post avove) and I think if someone will take them to AIT once, this issue will be resolved. She was working all the time during that period, but it’s quite complicated to get the information (Data Protection Act, etc...). I heard many times from this forum because of the incompetence of HO staff, information given by HO over the phone is incorrect. So I will not rely on the information given by Morpheo in his topic. Yes, he sent all the documents requested, but I think his case would be resolved without them as well.

Correct me if I’m wrong with a Directive rules.

P.S. Another question, even if they request this information, will I be eligible to apply as a self sufficient person. I have comprehensive medical insurance though my employer for the whole period of 5 years.

sleeper
Newbie
Posts: 37
Joined: Fri Oct 23, 2009 9:50 am

Post by sleeper » Wed Sep 15, 2010 1:13 pm

I sent them just a letter confirming that she was working for 1.5 years prior to innitiation of the divorce. Prior to that she had another two emplyers. I'm not trying to make a false statement to HO, I'm just trying to understand why they are asking what they are not supposed to ask. If you will find an information in the UK implementation of the Directive, please post it here. If there is not such a requirement there, it's just a words of HO incompetent call centre staff. They are saying whatever they want to say and sometimes it's nonsence, but there are rules which they have to follow. Do you see my point?
I have taken the information about PR requirements provided above from implemented UK HO instruction. There is not a single word about an EEA supporting documents in paragraph relating to those who has retained rights of residence.

Mary1
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Joined: Mon Oct 27, 2008 9:24 pm

Post by Mary1 » Wed Sep 15, 2010 1:32 pm

Hi sleeper

The choice here is really yours I know for a fact you will have to provide proof your ex was exercising treaty rights up to the point the divorce was granted. The period Morpheo had to cover was based on information given to him by his caseworker. Is this not a clue to how difficult they want to make your life if you can't provide the evidence?.

Because applications are now sent back if incomplete you have nothing to lose as a letter will accompany its return confirming what you require.



M

sleeper
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Post by sleeper » Wed Sep 15, 2010 2:42 pm

Hi Mary! Thank you for your advice. :wink:
Still waiting to recieve more information.

Queries
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Post by Queries » Tue Sep 21, 2010 6:37 pm

sleeper wrote:Hi Mary! Thank you for your advice. :wink:
Still waiting to recieve more information.
Hey, sleeper! Morpheo's link is of some antiquity I think. The point you are making is spot on. To be regarded as a person who retained rights, you had to provide loads of docs. Later, as per Regulation, you only need to provide your status from the point you were given the retained residence status till the PR application. Otherwise it's illogical and noone would apply to retain rights if it doesn't count for anything, and moreover, the work done by the caseworkers would prove a waste of the taxpayers' money?

I know that I would have eloquently argued my point with the HO and if necessary taken them to court under Judicial Review or AIT as first instance, with costs ultimately paid by the HO, if I won and set the precedent.

Don't worry about people here who are not prepared to take the stance and prefer to follow the maze set by the HO, instead of actually standing up for what is the correct interpretation of the Regulations and the Directive.

Alternatively, for those who are yet to apply to retain rights, DON'T as according to some people here, this wouldn't make any difference and you'd need the same docs again... yeah, right :D

anyway, once you obtain that status, you are on your own and good luck with getting another sleeper for your other foot :D

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