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RETAINED rights of residence for non eea

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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blueforest007
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RETAINED rights of residence for non eea

Post by blueforest007 » Fri Mar 01, 2013 8:33 pm

Hi is there anybody who has applied for ROR AND got it please help...

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Fri Mar 01, 2013 9:08 pm

what do you need help in regards with?
Smooth seas do not make skilful sailors

blueforest007
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Posts: 40
Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Tue Mar 05, 2013 1:49 pm

Obie wrote:what do you need help in regards with?
i have a situation which goes like this :
Married on 2010 got furs for a year
applied for residence eea2 application got visa till 2016
We lived together for more than 2 yrs i have got the proofs of living together,
still married but we live in different place we both got our different life. we want to get separated by divorce but i am i just don't want to loose my visa . i want to apply for ROR but only if it's safe because i am going through very bad money wise and too many different issues. She reminds me of divorce time and again but i m trying to ignore just be be on safe side but now it's too much now i can't keep doing that.
Please state me the full process what i can follow
and if i get ROR does that mean that is my personal visa how long will i get it for and how long will it be for?

thanks

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

Post by Obie » Tue Mar 05, 2013 11:33 pm

When in 2010 did you get married?

What has your wife been doing in the UK?

The process is pretty long, it involves divorcing first.
Smooth seas do not make skilful sailors

blueforest007
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Posts: 40
Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Wed Mar 06, 2013 4:09 pm

we got married on jan 2010 so it's 3 yrs already but lived together for 2 yrs±

my wife does part time job
i work n study too

i have not started anything on divorce
i think she is busy with her life me too but i think it should end sooner or later so what do u guys suggest

is it good idea to travel foreign countries in this case what do u suggest i m bit stuck.
don't know what to do

ANd applying ROR i think it is bit of risky i don't know why because not a single person in this forum accepts that they applied Ror and got it ....

Thanks for ur time Obie

blueforest007
Newbie
Posts: 40
Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Thu Mar 07, 2013 6:20 am

Is there anybody who applied for ROR and got it please update ....thanks

ravii
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Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Thu Mar 07, 2013 12:19 pm

I m one of them.
Best regards

Misterman
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Joined: Thu Mar 07, 2013 2:27 pm
Christmas Island

Advise pls

Post by Misterman » Thu Mar 07, 2013 2:35 pm

ravii wrote:I m one of them.
Could you please help me. I'm a bit confused.

Do I need to provide bills, bank statements for 3 years and proof of self-employment for 1 year? Or bills and bank statements also only for 1 last year?
We've been married since 2008.

Many thanks.

ravii
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Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Thu Mar 07, 2013 3:47 pm

It's up to you.but requirement is one year bills or bank statements and treaty rights of a EEA national during this period,most importantly treaty rights during the divorce proceedings.
Best regards

Obie
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Location: UK/Ireland
Ireland

Re: Advise pls

Post by Obie » Thu Mar 07, 2013 7:12 pm

Misterman wrote:
ravii wrote:I m one of them.
Could you please help me. I'm a bit confused.

Do I need to provide bills, bank statements for 3 years and proof of self-employment for 1 year? Or bills and bank statements also only for 1 last year?
We've been married since 2008.

Many thanks.
Given the fact that you have been married since 2008, and provided you have been living in the UK for that whole period, then you should be looking into Permanent Residence, and not Retention of Residence.

In those circumstances, you may well need to show you have both been living in the UK, and that she has been exercising treaty rights during this period.
Smooth seas do not make skilful sailors

Misterman
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Joined: Thu Mar 07, 2013 2:27 pm
Christmas Island

Re: Advise pls

Post by Misterman » Fri Mar 08, 2013 10:13 am

Obie wrote:
Misterman wrote:
ravii wrote:I m one of them.
Could you please help me. I'm a bit confused.

Do I need to provide bills, bank statements for 3 years and proof of self-employment for 1 year? Or bills and bank statements also only for 1 last year?
We've been married since 2008.

Many thanks.
Given the fact that you have been married since 2008, and provided you have been living in the UK for that whole period, then you should be looking into Permanent Residence, and not Retention of Residence.

In those circumstances, you may well need to show you have both been living in the UK, and that she has been exercising treaty rights during this period.
Unfortunately we don't have insurance to cover period when she had been studying. There was EHIC card issued in her country but we didn't keep it. So not sure if I can prove it somehow.
Many thanks.

blueforest007
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Posts: 40
Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Fri Mar 08, 2013 11:31 am

hi Ravii And Obie :few questions please

you have got the ror which your visa isn't it ??
after getting ROR do u need the eea family's any papers later?
And is it issued for another 5 yrs from date you applied ror or the remaining visa u got as residence permit will be issued??

And do u think travelling is good idea at the moment?? i have got RC till 2016 we haven't divorced yet. ?? but have got separate life ..please suggest..

ravii
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Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Fri Mar 08, 2013 12:31 pm

After ror no need for EEA nationals paper work but you need her paper work till divorce.once applied ror you will get new RC for five years.if your EEA national is a qualified person in the uk then you can travel.
Best regards

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Fri Mar 08, 2013 12:49 pm

ravii wrote:After ror no need for EEA nationals paper work but you need her paper work till divorce.once applied ror you will get new RC for five years.if your EEA national is a qualified person in the uk then you can travel.
I dont quite agree with that statement.

On the basis of Regulation 15(1f) and the judgement in Amos, you will need evidence of your wife treaty rights through out yor marriage, and after your marriage, evidence of your activity to secure permanent Residence.
This is clearly emphasised in Amos.
Smooth seas do not make skilful sailors

blueforest007
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Posts: 40
Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Fri Mar 08, 2013 2:45 pm

If I can get NEW ROR for 5 years from the date i apply i might qualify for the ILR from long stay(10 yrs legal stay).
But before that i need to go back home..
i have heard they question a lot for RC holders when coming back to uk is that true? has anybody got this problem..
I am still married but not together so bit confused about it ...and i must go back home for at least a week to short out some paper works there as well ...
Well she must be working i m sure is this very important if i travel??

ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Fri Mar 08, 2013 5:24 pm

As long as your wife is in uk and a qualified person you have no problem to travel aboard and then come back in the uk.thats all.
Best regards

blueforest007
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Joined: Sat Jun 05, 2010 2:39 pm

Post by blueforest007 » Fri Mar 08, 2013 5:31 pm

Thanks a lot guys:
Great relief when i get answers from you guys. Thanks a lot for your supports ...i will keep updating in this forum what i do and ask u guys if i have any issues...

THanks

rockford1980
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Post by rockford1980 » Mon Mar 11, 2013 1:21 pm

Hi guys,
I am non-eea family member of French spouse. we married in 2011. We have been living in UK since that time and my spouse is exercising right of treaty in UK. I have RC. But my wife wants to continue her studies in France. Therefore she wants to go back there for next couple of years. I cant go with her because I have my studies on here. Please someone can tell me that do I have to apply for the right of retention ? keeping in mind that my wife will visit me once or twice in 6 months times depends on how much time she would have on semester break. She is working as a self employed in UK.
your replies would be highly appreciated.

thanks

ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Mon Mar 11, 2013 1:38 pm

rockford1980 wrote:Hi guys,
I am non-eea family member of French spouse. we married in 2011. We have been living in UK since that time and my spouse is exercising right of treaty in UK. I have RC. But my wife wants to continue her studies in France. Therefore she wants to go back there for next couple of years. I cant go with her because I have my studies on here. Please someone can tell me that do I have to apply for the right of retention ? keeping in mind that my wife will visit me once or twice in 6 months times depends on how much time she would have on semester break. She is working as a self employed in UK.
your replies would be highly appreciated.

thanks
Start new thread
Best regards

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Mon Mar 11, 2013 1:39 pm

rockford1980 wrote:Hi guys,
I am non-eea family member of French spouse. we married in 2011. We have been living in UK since that time and my spouse is exercising right of treaty in UK. I have RC. But my wife wants to continue her studies in France. Therefore she wants to go back there for next couple of years. I cant go with her because I have my studies on here. Please someone can tell me that do I have to apply for the right of retention ? keeping in mind that my wife will visit me once or twice in 6 months times depends on how much time she would have on semester break. She is working as a self employed in UK.
your replies would be highly appreciated.

thanks
See similar discussion - RC validity without eea family member in uk.

rockford1980
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Post by rockford1980 » Mon Mar 11, 2013 1:41 pm

Jambo wrote:
rockford1980 wrote:Hi guys,
I am non-eea family member of French spouse. we married in 2011. We have been living in UK since that time and my spouse is exercising right of treaty in UK. I have RC. But my wife wants to continue her studies in France. Therefore she wants to go back there for next couple of years. I cant go with her because I have my studies on here. Please someone can tell me that do I have to apply for the right of retention ? keeping in mind that my wife will visit me once or twice in 6 months times depends on how much time she would have on semester break. She is working as a self employed in UK.
your replies would be highly appreciated.

thanks
See similar discussion - RC validity without eea family member in uk.
Thread is locked on the above page.

Jambo
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Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Mon Mar 11, 2013 2:08 pm

rockford1980 wrote:
Jambo wrote: See similar discussion - RC validity without eea family member in uk.
Thread is locked on the above page.
Thread is locked but the advice has not changed. Basically, if your wife leaves the UK for a long period, you lose your right to live in the UK.

You can't retain your rights unless you are divorced, the EEA national dies or there is a child involved.

AbheyS
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Re: RETAINED rights of residence for non eea

Post by AbheyS » Tue Mar 21, 2017 1:13 am

26th June 2016 - Application for Right to retain residence
27th july 2016 - Biometric done and COA received
27th March 2017 - No response yet. this is frustrating

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