retention of rights after divorce

XABI · Post by **XABI** » Sun Feb 24, 2013 12:05 pm

Hi Guys,

When divorce is final and marriage last for 4 years and lived in the UK for all the 4 years period;

As indicated in the rules, 3 years marriage and 1 year residing in the UK. Non-Eu national has to be worker, self empl or self suff.
But it also says Eu national should be exercising treaty rights during that time.

Now the question is showing the Eu national's exercising treaty rights time starts from 4 years ago or just at time of divorce.

Say; married and exercising treaty rights on 01/2009 and
divorced on 02/2013

ravii · Post by **ravii** » Sun Feb 24, 2013 12:43 pm

For Retain rights of residence,applicant need to proof that EEA national was a qualified person prior initiation of divorce till decree absolute.there is no such requirement to proof whole 4 years as a qualified person.but if you are applying PR on the bases of retain rights of residence then yes you need to sent 4 years EEA nationals treaty rights and one year after divorce non EEA nationals treaty rights.

vinny · Post by **vinny** » Sun Feb 24, 2013 12:56 pm

See also Evidence in retained rights of residence cases and if somebody knows about RoR(retained the right of residence).

XABI · Post by **XABI** » Sun Feb 24, 2013 6:05 pm

It is not for the case of PR application, it is just RoR (RC).Could you back up your idea with any official rule

The link you sent doesn't clearely say what period should be coverd for the proof of exercising treaty rights.

ravii · Post by **ravii** » Sun Feb 24, 2013 7:33 pm

5.4.2 Retention of a right of residence following divorce or annulment of marriage / dissolution of civil partnership
Regulation 10 (5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during the duration of the marriage or civil partnership, then the third country national retains a right of residence if:
(a) theyarepursuingactivitywhichwouldmakethemaworkeroraself-employed person if they were an EEA national;
(b) theyareaself-sufficientperson–includingaretiredperson;
(c) theyarethefamilymemberofapersonintheUnitedKingdomwhoiseithera
worker, self-employed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.

5.4.3 Making an application following divorce or annulment of marriage / dissolution of civil partnership
The following documents must be supplied:
 Passports of the non-EEA family members
 Divorce certificate/certificate showing termination of civil partnership
 Evidence that at least one of the non-EEA family members is a worker, self-
employed or self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time.

vinny · Post by **vinny** » Sun Feb 24, 2013 11:23 pm

XABI wrote:It is not for the case of PR application, it is just RoR (RC).Could you back up your idea with any official rule

The link you sent doesn't clearely say what period should be coverd for the proof of exercising treaty rights.

29, 30, 31.

XABI · Post by **XABI** » Mon Feb 25, 2013 2:45 pm

OK Guys put it this way may be it is my understanding, applied to court for divorce on 04/2013 Decree nisi issued on 5/2013 and Absolute issued on 8/2013.

married on 9/2008 doesn't have proof of exercises treaties up to 10/2012 from EU national but does have from 02/2013.

Obie · Post by **Obie** » Mon Feb 25, 2013 4:18 pm

In those circumstances, you may qualify to retain your residence, but you almost certainly, may not succeed in claiming Permanent Right of Residence.

XABI · Post by **XABI** » Mon Feb 25, 2013 4:57 pm

Hi Obie

Thanks for the reply as you can see from the topic I was trying to get clear as possible info in case of retain of right not for the PR I know it is not possible to get PR without proofs for 5 years

But if RC needs to be retained although been living In UK and married over 5 years and haven't got/can't get the proofs from EU national or did not exercised treaty right within this time

The main question is to be able to retain RC (not PR) do you have to have exercised treaty from the time you are in uk EU law
or
what is the period must be covered/proved to gain RC

XABI · Post by **XABI** » Wed Feb 27, 2013 12:12 am

Hi Obie

Or

Jumbo can you suggest some info on the bellow case

Thanks for the reply as you can see from the topic I was trying to get clear as possible info in case of retain of right not for the PR I know it is not possible to get PR without proofs for 5 years

But if RC needs to be retained although been living In UK and married over 5 years and haven't got/can't get the proofs from EU national or did not exercised treaty right within this time

The main question is to be able to retain RC (not PR) do you have to have exercised treaty from the time you are in uk EU law
or
what is the period must be covered/proved to gain RC

Obie · Post by **Obie** » Wed Feb 27, 2013 12:37 am

There are two requirements here that you have to meet. I am not perfectly sure whether or not you meet them. I can only tell you what they are.

You are required to show, that you have resided in the UK for 1 full year with your ex-wife.

You are required to show, that the marriage lasted for 3 years, before divorce was initiated.

You are also required to show, that at the time of divorce, your ex wife was a qualified person.

These are the requirement, if you are unsure whether are meet them, it may be best for you to seek legal advice.

XABI · Post by **XABI** » Thu Feb 28, 2013 11:22 am

1-You are required to show, that you have resided in the UK for 1 full year with your ex-wife.

2-You are required to show, that the marriage lasted for 3 years, before divorce was initiated.

3-You are also required to show, that at the time of divorce, your ex wife was a qualified person.

sentences 1 and 2 is ok as married and lived in uk for more than 4 years

But sentence 3;
'' at the time of divorce, your ex wife was a qualified person'' which means I dont have to show all the period (4 years)that my ex was qualified person since been here together as married. Am I right?

XABI · Post by **XABI** » Fri Mar 01, 2013 10:41 am

Hi Obie can you give your idea please
1-You are required to show, that you have resided in the UK for 1 full year with your ex-wife.

2-You are required to show, that the marriage lasted for 3 years, before divorce was initiated.

3-You are also required to show, that at the time of divorce, your ex wife was a qualified person.

sentences 1 and 2 is ok as married and lived in uk for more than 4 years

But sentence 3;
'' at the time of divorce, your ex wife was a qualified person'' which means I dont have to show all the period (4 years)that my ex was qualified person since been here together as married. Am I right?

Obie · Post by **Obie** » Fri Mar 01, 2013 9:14 pm

That is correct for ROR. But like i said before, if you wish to obtain Permanent Residence, you will be required to provide evidence covering the period of your marriage.

XABI · Post by **XABI** » Mon Mar 04, 2013 4:43 pm

Thanks Obie

To be precise if I was to show her exercising treaty rights that I am (NON-EU)the only one working and maintaining her and if I get her a CIS now supposing today;
therefore the proofs I need would bee my employer details in Section 6 as says
''You must complete this section if you are applying as the family member of an EEA national who is a paid worker. If you are supporting them through working you must refer to section''
and
the CIS for her .

is this correct way to do it?

paradisecircus1 · Post by **paradisecircus1** » Sun Mar 10, 2013 11:11 pm

Hello There
I am so confused here. So lets say I am applying for retains right and getting it afterwards when the time is due I apply for a PR and I have submit documents such as what? for 5 years? Basically when you apply for retains right 1 year of history at least . its so confusing.

guesttt · Post by **guesttt** » Mon Mar 25, 2013 6:20 pm

Hi everyone

Please help to clarify an issue if you can. Do you HAVE to apply for retaining rights or this is just to confirm your rights after you get divorced (assuming you tick all boxes and your residency is still valid)? I have come across different interpretations but no reliable source so far.

Many thanks in advance.

Imshzd · Post by **Imshzd** » Mon Mar 25, 2013 7:20 pm

guesttt wrote:Hi everyone

Please help to clarify an issue if you can. Do you HAVE to apply for retaining rights or this is just to confirm your rights after you get divorced (assuming you tick all boxes and your residency is still valid)? I have come across different interpretations but no reliable source so far.

Many thanks in advance.

Yes this is just a confirmation of your status if all boxes ticked but
It is advice to get this confirmation from ukba otherwise if you stopped by the immigration officers then you will be in turble,as your record not up to the date.
Follow the written instructions which ukba gave you at the time of your RC,if you could remember.

guesttt · Post by **guesttt** » Mon Mar 25, 2013 7:39 pm

Imshzd wrote:
guesttt wrote:Hi everyone

Please help to clarify an issue if you can. Do you HAVE to apply for retaining rights or this is just to confirm your rights after you get divorced (assuming you tick all boxes and your residency is still valid)? I have come across different interpretations but no reliable source so far.

Many thanks in advance.
Yes this is just a confirmation of your status if all boxes ticked but
It is advice to get this confirmation from ukba otherwise if you stopped by the immigration officers then you will be in turble,as your record not up to the date.
Follow the written instructions which ukba gave you at the time of your RC,if you could remember.

Thank you for the reply.
Dont think i ever had these instructions because i applied through a solicitor and got back only my passport i think. Anyway is there a link to UKBA or another body to clarify this?

Imshzd · Post by **Imshzd** » Mon Mar 25, 2013 7:46 pm

guesttt wrote:
Imshzd wrote:
guesttt wrote:Hi everyone

Please help to clarify an issue if you can. Do you HAVE to apply for retaining rights or this is just to confirm your rights after you get divorced (assuming you tick all boxes and your residency is still valid)? I have come across different interpretations but no reliable source so far.

Many thanks in advance.
Yes this is just a confirmation of your status if all boxes ticked but
It is advice to get this confirmation from ukba otherwise if you stopped by the immigration officers then you will be in turble,as your record not up to the date.
Follow the written instructions which ukba gave you at the time of your RC,if you could remember.
If you were related to an EEA national by marriage or civil partnership but the relationship has ended through death, divorce, dissolution or the EEA national's departure from the UK, it is possible that you will retain a right of residence in the UK under European law. For more information, phone our European enquiries contact centre and speak to one of our advisers.

If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law.

If you call them then they will give you best advice.
Thank you for the reply.
Dont think i ever had these instructions because i applied through a solicitor and got back only my passport i think. Anyway is there a link to UKBA or another body to clarify this?

Imshzd · Post by **Imshzd** » Mon Mar 25, 2013 7:47 pm

guesttt wrote:
Imshzd wrote:
guesttt wrote:Hi everyone

Please help to clarify an issue if you can. Do you HAVE to apply for retaining rights or this is just to confirm your rights after you get divorced (assuming you tick all boxes and your residency is still valid)? I have come across different interpretations but no reliable

Thank you for the reply.
Dont think i ever had these instructions because i applied through a solicitor and got back only my passport i think. Anyway is there a link to UKBA or another body to clarify this?

If you were related to an EEA national by marriage or civil partnership but the relationship has ended through death, divorce, dissolution or the EEA national's departure from the UK, it is possible that you will retain a right of residence in the UK under European law. For more information, phone our European enquiries contact centre and speak to one of our advisers.

If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law.
So if you call them then they will give you best advice.

djchoclate · Post by **djchoclate** » Sun Apr 28, 2013 8:24 pm

I need some help about ROR.
Came to uk in aug 2008 on study visa.
got married in feb 2010.
Received RC in May 2010.
now we r going for divorce and i want to apply for ROR. I want to know do i need to show to HO that i am working or self employed as well while appying for ROR or its just my EU spouse??? and if i get ROR then would it be again separate 5years residence card or can i apply for PR after 2years because i already lived together 3 years with EU spouse?? And whenever i apply for PR do i need my EU spouse original documents again means passport, payslips etc??? if yes then how would i get these documents back from my eu partner??? if she goes to some other city or dont give me any of his original documents then would i not be able to get my PR???? please answer this questions....

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retention of rights after divorce

retention of rights after divorce