Im qualified for pr but wife cheated.

backstabed · Post by **backstabed** » Tue Nov 03, 2015 3:26 pm

Hi all Im in a difficult situation and i dont know what to do pls help.
I have been married to eea national for 9 years and we lived in uk for 5 and i already qualify for PR. I was planning to apply for it within this week. but last weekend I caught my partner cheating on me and Im devasted and i left the marital house she has apologised and want me to comeback.... but you cant repair the crack in the glass... bottom line I dont want to ask any help from her I feel SHAME that can i not do it with out her on my own?

I dont know what to do know ? apply for ROR? Or PR ?

One thing i know i will not beg her any help I feel very little. MY mind heart just dont allow !

alex1128 · Post by **alex1128** » Tue Nov 03, 2015 6:58 pm

You should probably apply for ror, but you still need some documents from her i guess !!
Have you got anything with you ?

backstabed · Post by **backstabed** » Wed Nov 04, 2015 2:28 am

Thanks for ur reply Alex I have her p60 her pr copy and some letters and tenenecy agreement on our names... But Ror really ? I thought you automatically qualify for pr after 5 years so why Ror ? Can some experienced moderator jumbo Obie. John and others respond please....

Post by **vinny** » Wed Nov 04, 2015 3:27 am

You may satisfy 15, but probably not 10.

backstabed · Post by **backstabed** » Wed Nov 04, 2015 1:29 pm

thanks for your reply vinny.

I am not good at understanding those complicated worded links that you have posted if you could kindly explain to me what it actually means I would appreciate and what documents would I need in order to apply for my PR under those rules.

I Have a 5 year old girl with my ex partner and we havent divorced yet but Im thinking to apply for a divorce! if any of this information helps in my situation please advice.

really appreciated everyone on this board for helping out each other!

Post by **Obie** » Wed Nov 04, 2015 1:36 pm

Is the Ex partner the one who cheated?

alex1128 · Post by **alex1128** » Wed Nov 04, 2015 1:39 pm

backstabed wrote:thanks for your reply vinny.

I am not good at understanding those complicated worded links that you have posted if you could kindly explain to me what it actually means I would appreciate and what documents would I need in order to apply for my PR under those rules.

I Have a 5 year old girl with my ex partner and we havent divorced yet but Im thinking to apply for a divorce! if any of this information helps in my situation please advice.

really appreciated everyone on this board for helping out each other!

I think if you divorce you will definitely qualify for ROR!!

backstabed · Post by **backstabed** » Wed Nov 04, 2015 2:14 pm

REPLY TO OBIE
YES its my ex partner who cheated on me and I just learned through a mutual friend that I was cheated for over a year!! and she is saying if I dont accept her apology and reconcile she will not allow me to see my child and that she regrets what happend and it was a mistake and all that.... the worst time of my life! she really thinks i will accept her cheating for my child and my papers! for my child i understand yes but for papers with gods help i will prove her wrong.

REPLY TO ALEX

What happens after I get ror ?

Post by **secret.simon** » Wed Nov 04, 2015 2:19 pm

backstabed wrote:i already qualify for PR

One does not qualify for PR, one acquired PR automatically, by force of law.

So, if you believe that you have the documentary proof of having acquired PR, apply for a PR card straightaway.

As I understand it, Vinny's advice can be summed up as "You may have PR, but may not qualify for RoR". Please correct my summary if incorrect, Vinny.

In order to acquire PR, it is not sufficient to just be resident in the UK, but to exercise specified treaty rights for five continuous years. Which treaty rights was your ex-partner exercising for five years?
Was she
a) Working
b) Seeking work
c) Student (requires either a non-UK EHIC card or private health insurance for both of you to qualify)
d) Self-sufficient (requires private health insurance for both of you to qualify)

And has your ex-partner got a PR card? If she has, you can use the same proof for your PR card.

In order to get a PR card, you will need evidence from your ex-partner. For your sake and for the sake of the child, I would strongly suggest remaining on friendly terms with her, even if you break up.

Post by **Obie** » Wed Nov 04, 2015 2:25 pm

I think where there is infedelity there can be no turning back.

I think Vinny is correct . You cannot retain a right of residence if you have right of Permanent Residence under Regulation 15 (1)(b)

alex1128 · Post by **alex1128** » Wed Nov 04, 2015 3:25 pm

Obie wrote:I think where there is infedelity there can be no turning back.

I think Vinny is correct . You cannot retain a right of residence if you have right of Permanent Residence under Regulation 15 (1)(b)

But wouldnt it be a problem if they find out that he doesnt live anymore with his ex-partner in case he applied for PR ?

backstabed · Post by **backstabed** » Wed Nov 04, 2015 3:29 pm

Thanks for the replys guys...

Yes I would like to be friends with her for the sake of my child if I have to be and it's good for our daughter but she is blackmailing me if i don't patch up and accept her apology she would not allow me to see the child. And everything else I mentioned in previous posts this is something if I allow now It will be something I would need to deal with in the future...

More importantly I think she did what she did thinking I will stick around anyway because of the child and papers I don't know what was going on in her head I sacrificed a lot in my life for us as a family and I'm hurt and broken in two...
one thing is for sure I'm not going to ask for her help what I have on me hope and pray to god that will gets me the pr! So please tell me what documents do I need ??

I have 5 years p60 of her
Copy of her pr
5 years tenenecy agreement
5 years of my proof of address and her
What else would I need and how what do I apply ??

All responses are appreciated guys.

backstabed · Post by **backstabed** » Thu Nov 05, 2015 12:21 am

Any one got any suggestions please the experienced moderators vinny Obie jumbo john and other respected members!

backstabed · Post by **backstabed** » Thu Nov 05, 2015 12:24 am

vinny wrote:You may satisfy 15, but probably not 10.

Vinny what documents would I need to submit under section 15 ? advise please.

Post by **noajthan** » Thu Nov 05, 2015 8:13 am

alex1128 wrote:
Obie wrote:I think where there is infedelity there can be no turning back.

I think Vinny is correct . You cannot retain a right of residence if you have right of Permanent Residence under Regulation 15 (1)(b)
But wouldnt it be a problem if they find out that he doesnt live anymore with his ex-partner in case he applied for PR ?

Apparently there is no requirement for cohabitation in such cases.
(Eg ref. other forum posts on similar scenario)

backstabed · Post by **backstabed** » Thu Nov 05, 2015 10:17 am

Noajthan thanks for your reply can you provide any links to similar cases on the board I try but couldn't find it. Also
everyone is saying you may acquire under this
you probably aquire under that and apparently you can get it!

I'm confused and not sure where do I stand really! Help please!

Post by **vinny** » Thu Nov 05, 2015 11:56 am

EEA case law and appeals wrote:Diatta (C-267/83)
In the case of Diatta, the ECJ stated that a direct family member who does not live in the same household as the EEA national, is still considered to be a family member as defined in regulation 7 of the Immigration (European Economic Area) Regulations 2006 (the Regulations).
This applies for as long as:
 they stay related to the EEA national
 the EEA national continues to exercise treaty rights in the same member state
For example, if an EEA national is working in the UK and separates from their spouse but does not get a divorce, the spouse will continue to be treated as a family member for as long as:
 they remain married
 the EEA national continues to exercise treaty rights in the UK or resides in the UK with a right of permanent residence
If they later get a divorce the spouse will only have a right to live in the UK if they satisfy the conditions of regulation 10 of the regulations relating to retained rights.

For guidance on assessing applications from direct family members, see related link.

backstabed · Post by **backstabed** » Thu Nov 05, 2015 1:01 pm

vinny wrote:
EEA case law and appeals wrote:Diatta (C-267/83)
In the case of Diatta, the ECJ stated that a direct family member who does not live in the same household as the EEA national, is still considered to be a family member as defined in regulation 7 of the Immigration (European Economic Area) Regulations 2006 (the Regulations).
This applies for as long as:
 they stay related to the EEA national
 the EEA national continues to exercise treaty rights in the same member state
For example, if an EEA national is working in the UK and separates from their spouse but does not get a divorce, the spouse will continue to be treated as a family member for as long as:
 they remain married
 the EEA national continues to exercise treaty rights in the UK or resides in the UK with a right of permanent residence
If they later get a divorce the spouse will only have a right to live in the UK if they satisfy the conditions of regulation 10 of the regulations relating to retained rights.

For guidance on assessing applications from direct family members, see related link.

Thanks for the reply vinny

Does this means I have a case that can be successful or is it a discretion of UKBA on individual cases!

If I have a case what form should I be filling and what documents should I have to support my application.

Post by **vinny** » Thu Nov 05, 2015 1:30 pm

Permanent residence card.

backstabed · Post by **backstabed** » Thu Nov 05, 2015 3:32 pm

vinny wrote:Permanent residence card.

Thanks for the link vinny you a star.

This morning I was checking my pile of documents and I found out that i have quite a few things with me to apply for my PR.....

except her ID CARD OR PASSPORT OR PR CARD.
ex-Partner's documents that I have

I have her 5 years P60
5 year tenency agreement
our marriage certificate
few letters from different organisations

my own documents
passport
5 years proof of residence (tenency agreements letter from gp)
marriage certicate.

is this good enough ? and what shall i quote on covering letter from the directive 15....as to why i cant provide the wife pr card and passport?

Post by **vinny** » Thu Nov 05, 2015 10:08 pm

If you are on better terms with your wife, then can you get these documents?

Else, hopefully, they will have records of your wife's confirmation of PR. You may confirm that she hasn't been absent from the UK for over two years since then. You should also confirm that you haven't been absent from the UK for over six months during your five years as an EEA family member, etc.

They should also note Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) in relation to her passport or ID.

backstabed · Post by **backstabed** » Fri Nov 06, 2015 1:01 am

vinny wrote:If you are on better terms with your wife, then can you get these documents?

Else, hopefully, they will have records of your wife's confirmation of PR. You may confirm that she hasn't been absent from the UK for over two years since then. You should also confirm that you haven't been absent from the UK for over six months during your five years as an EEA family member, etc.

They should also note Barnett and others (EEA Regulations: rights and documentation) Jamaica [2012] UKUT 142 (IAC) (14 May 2012) in relation to her passport or ID.

Thanks for your reply vinny.

Yes I can get this documents. Problem is she is thinking I will accept her behaviour because I have a child with her and I need to apply for my papers! And I want to prove her wrong that I'm here for my child and I don't need her for my papers! And that I loved my family her me and our girl!

She said to a mutual friend that she is sorry and regrets and if I don't come back she will not allow me to see the child and not help me with papers! I fell humiliated when she said this.

Yes they have her pr record as it's been over 10 months she had it so she has not been outside the uk for that I don't think i need to prove anything... And in my 5 years residence I haven't been outside for more then 6 months. I have letters from gp tenenecy agreement and p60 so that's enough I guess ? Also is it 6 months in 5 years or 6 months in a year? Is it different for Non- EEA ?

Post by **vinny** » Fri Nov 06, 2015 1:12 am

3(2) wrote:(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;

backstabed · Post by **backstabed** » Fri Nov 06, 2015 1:18 am

Thanks vinny!

I think I'm gonna go ahead and apply without her passport or pr card. And use only what I have on me...everything else I mentioned in previous posts.

Post by **noajthan** » Sat Nov 28, 2015 1:18 pm

backstabed wrote:Thanks vinny!

I think I'm gonna go ahead and apply without her passport or pr card. And use only what I have on me...everything else I mentioned in previous posts.

The HO has procedures in place for when applicants are unable to submit all documentary evidence (for example due to estrangemnt or divorce).

For example, see https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
= page 31+

See also:
https://www.gov.uk/government/uploads/s ... nts_v1.pdf

Sponsor's status at relevant date
Note
If you find it difficult to provide all of the relevant evidence because your sponsor has died or left the UK, or you’re no longer able to contact them, please provide as much information about them and evidence as you can

.

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