Help for ROR in a complicated application

ROR · Post by **ROR** » Mon Jul 08, 2013 11:34 pm

I am seeking help on the behalf of my friend who is non eu national applying for ROR on the basis of her marriage termination where marriage has lasted more than 3 years and they lived together in uk for nearly 2 years and 3 months.
Now the twist, during her 3 years marriage, they were separated for nearly 1 year and were not living together but reunited again after 1 year. And her eu husband exercised his treaty rights since their marriage date til divorce finalised. And during their 1 year separation, her husband told the hmrc office about their separation when he was filling form for Working tax credit but later on informed as well upon their reunion.
Now my question is:
Can my friend count that 1year separation towards 3years marriage??
please all moderators reply my friend query coz she is very worried abt it.

Thanks.

Imshzd · Post by **Imshzd** » Tue Jul 09, 2013 8:48 am

Yes that one year counts toward 3 years.

khali8 · Post by **khali8** » Tue Jul 09, 2013 8:58 am

yes..it counts

Imshzd · Post by **Imshzd** » Tue Jul 09, 2013 9:09 am

khali8 wrote:Thanks mate... U solved my friend problem,,, sorry i forgot to mention, that separation year was the year before they initiated their divorce means they were separated june 2011 til june 2012 and they initiated their divorce procedure at august 2012. So
will this put any adverse affect on my friend application???
If HO confirms with HMRC and they tell HO about this separation, will HO take it in any other adverse way???

IF obie moderator is here,,,, Could you please refer any immigration tribunal case in my friend situation like as you refer cases before???
Thanks.

If you search this forum then you will find lots of same stories.

Does not matter if you live separately.

khali8 · Post by **khali8** » Tue Jul 09, 2013 2:29 pm

Imshzd wrote:
khali8 wrote:Thanks mate... U solved my friend problem,,, sorry i forgot to mention, that separation year was the year before they initiated their divorce means they were separated june 2011 til june 2012 and they initiated their divorce procedure at august 2012. So
will this put any adverse affect on my friend application???
If HO confirms with HMRC and they tell HO about this separation, will HO take it in any other adverse way???

IF obie moderator is here,,,, Could you please refer any immigration tribunal case in my friend situation like as you refer cases before???
Thanks.
If you search this forum then you will find lots of same stories.

Does not matter if you live separately.

yes... There are lot of stories on the forum but you cant find any successful story in the above guy asked query...obie always have some cases references... Hope if he has got any case reference for ROR guy situation

ROR · Post by **ROR** » Wed Jul 10, 2013 12:49 am

yes... obie got a lot of cases references like this:
Also see PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
Hope if he got any case reference for ROR application with 1 year separation.

Ricardo · Post by **Ricardo** » Wed Jul 10, 2013 7:01 am

ROR wrote:yes... obie got a lot of cases references like this:
Also see PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
Hope if he got any case reference for ROR application with 1 year separation.

This is a straight forward case. According to the law in this country, it is only divorce that terminate marriage. The one year seperation will still count towatds the three of marriage.Therefore, what matters is whether your friend ex was exercising treaty right for at a year before the divorce proceedings started.

vinny · Post by **vinny** » Sat Aug 31, 2013 1:13 am

ROR wrote:i am writing on behalf of my friend who is currently eea2 residency holder on the basis of marriage with eu national, now he wants divorce from her wife and both agreed on divorce. But he cant decide which reason should he give for divorce either Adultery, Unreasonable behaviour or 1 year separation. His wife did all of those above things, she cheated my friend now she z with new man, her behaviour is not good towards my friend and they are married for nearly 3 years and 1 months by now but with 1year separation which started from last year (3rd year of marriage).
Now my question are:
Which reason should he use where he could get divorce easily???
And on divorce certificate does it states the reason why this divorce happened?? Anyone with ROR please give your suggestions??

thanks.

askmeplz82 · Post by **askmeplz82** » Sat Aug 31, 2013 7:31 am

Ricardo wrote:
ROR wrote:yes... obie got a lot of cases references like this:
Also see PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
Hope if he got any case reference for ROR application with 1 year separation.
This is a straight forward case. According to the law in this country, it is only divorce that terminate marriage. The one year seperation will still count towatds the three of marriage.Therefore, what matters is whether your friend ex was exercising treaty right for at a year before the divorce proceedings started.

i would say right until decree absolute. it's doesn't have to be one year. 3-4 months enough but good if you show whole one year until your divorce date

1 yr UK

3 yrs marriage

Exercising treaty right during divorce

one month before divorce proceeding -- decree absolute date ( that's the crucial moment )

Ricardo you recently received new EEA2. I think your case was straightforward because you and your wife both doing the same eBay business, used same back account and used one eBay account

a lady in this forum got her application rejected because her husband got fired from the job only 2 days before decree absolute

ROR · Post by **ROR** » Sat Aug 31, 2013 3:43 pm

i am writing on behalf of my friend who is currently eea2 residency holder on the basis of marriage with eu national, now he wants divorce from her wife and both agreed on divorce. But he cant decide which reason should he give for divorce either Adultery, Unreasonable behaviour or 1 year separation. His wife did all of those above things, she cheated my friend now she z with new man, her behaviour is not good towards my friend and they are married for nearly 3 years and 1 months by now but with 1year separation which started from last year (3rd year of marriage).
Now my question are:
Which reason should he use where he could get divorce easily???
And on divorce certificate does it states the reason why this divorce happened?? Anyone with ROR please give your suggestions??

thanks.

SouthWest1 · Post by **SouthWest1** » Sat Aug 31, 2013 4:05 pm

1- should put the right reason/s for divorce. what slows down a divorce if one party contests it; and not what you write or states.

2- and no. Decree absolute does not state reason/s for divorce.

maxmelion · Post by **maxmelion** » Sat Aug 31, 2013 4:52 pm

If im nn eeu nd married eu nd we decided to devorce nd is it important to say resson for divorce nd wat if resson nn eea cheated on her nd she got prove . Is effect ror application [/list]

XABI · Post by **XABI** » Sat Aug 31, 2013 5:52 pm

askmeplz82 wrote:
Ricardo wrote:
ROR wrote:yes... obie got a lot of cases references like this:
Also see PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
Hope if he got any case reference for ROR application with 1 year separation.
This is a straight forward case. According to the law in this country, it is only divorce that terminate marriage. The one year seperation will still count towatds the three of marriage.Therefore, what matters is whether your friend ex was exercising treaty right for at a year before the divorce proceedings started.
i would say right until decree absolute. it's doesn't have to be one year. 3-4 months enough but good if you show whole one year until your divorce date

1 yr UK

3 yrs marriage

Exercising treaty right during divorce

one month before divorce proceeding -- decree absolute date ( that's the crucial moment )

Ricardo you recently received new EEA2. I think your case was straightforward because you and your wife both doing the same eBay business, used same back account and used one eBay account

a lady in this forum got her application rejected because her husband got fired from the job only 2 days before decree absolute

Hi askmeplz82

I was dying to get a clear answer but nobody was able to answer that include a solicitor. When a ROR is to be submitted the requirement are 3 years marriage, and one year living together in UK, and crucial part at the time of divorce Eu national must be exercising treaty rights; having said that:
Can you please explain as plain as possible the time or period needed to be proved that EU partner was exercising the treaty rights. Just documents of exercising the treaty rights from the initiating of divorce up until the absolute OR 1 year back from absolute date And please reference your claims if you can

if it is just from initiating date to absolute date then why do they ask for one year living in UK

Imshzd · Post by **Imshzd** » Sat Aug 31, 2013 6:02 pm

XABI wrote:
askmeplz82 wrote:
Ricardo wrote:
ROR wrote:yes... obie got a lot of cases references like this:
Also see PM (EEA – spouse –“residing with”) Turkey [2011] UKUT 89 (IAC)
Hope if he got any case reference for ROR application with 1 year separation.
This is a straight forward case. According to the law in this country, it is only divorce that terminate marriage. The one year seperation will still count towatds the three of marriage.Therefore, what matters is whether your friend ex was exercising treaty right for at a year before the divorce proceedings started.
i would say right until decree absolute. it's doesn't have to be one year. 3-4 months enough but good if you show whole one year until your divorce date

1 yr UK

3 yrs marriage

Exercising treaty right during divorce

one month before divorce proceeding -- decree absolute date ( that's the crucial moment )

Ricardo you recently received new EEA2. I think your case was straightforward because you and your wife both doing the same eBay business, used same back account and used one eBay account

a lady in this forum got her application rejected because her husband got fired from the job only 2 days before decree absolute
Hi askmeplz82

I was dying to get a clear answer but nobody was able to answer that include a solicitor. When a ROR is to be submitted the requirement are 3 years marriage, and one year living together in UK, and crucial part at the time of divorce Eu national must be exercising treaty rights; having said that:
Can you please explain as plain as possible the time or period needed to be proved that EU partner was exercising the treaty rights. Just documents of exercising the treaty rights from the initiating of divorce up until the absolute OR 1 year back from absolute date And please reference your claims if you can

if it is just from initiating date to absolute date then why do they ask for one year living in UK

For ROR,
If you proof that the EEA national is a qualified person within the one month before the decree absolute then it's minimum enough for another RC.

XABI · Post by **XABI** » Sat Aug 31, 2013 6:12 pm

For ROR,
If you proof that the EEA national is a qualified person within the one month before the decree absolute then it's minimum enough for another RC.

Hi Imshzd,

Thanks for quick response can you back up your claim with any case please
Thanks again

XABI · Post by **XABI** » Sat Aug 31, 2013 7:00 pm

Any other moderators please forward your ideas please with any reference or previous cases

XABI · Post by **XABI** » Sun Sep 01, 2013 8:11 am

It must be a tough question then because no one is able to answer this case!!!!!!!!

Imshzd · Post by **Imshzd** » Sun Sep 01, 2013 2:13 pm

XABI wrote:It must be a tough question then because no one is able to answer this case!!!!!!!!

I already answered your question.now what you want?

XABI · Post by **XABI** » Sun Sep 01, 2013 3:24 pm

Imshzd wrote:
I already answered your question.now what you want?

I appreciate your answer Imshzd I am asking if you can back up your your answer with any reference and/or case, please

The story is that I am married for about 6 years and 5 months but my wife did not exercises any right up to now we are going to divorce and I am asking if she start to work now, before initiating divorce til absolute, documents just for this period would be enough for RoR and I work full time with permanent contract.

Imshzd · Post by **Imshzd** » Sun Sep 01, 2013 3:52 pm

XABI wrote:
Imshzd wrote:
I already answered your question.now what you want?
I appreciate your answer Imshzd I am asking if you can back up your your answer with any reference and/or case, please

The story is that I am married for about 6 years and 5 months but my wife did not exercises any right up to now we are going to divorce and I am asking if she start to work now, before initiating divorce til absolute, documents just for this period would be enough for RoR and I work full time with permanent contract.

Problem is this you are asking any reference??

If you search this forum back to last 10 months then I believe you will get the reference..

You will also get the court references as well about my words which I wrote for you.

askmeplz82 · Post by **askmeplz82** » Sun Sep 01, 2013 5:13 pm

XABI wrote:
Imshzd wrote:
I already answered your question.now what you want?
I appreciate your answer Imshzd I am asking if you can back up your your answer with any reference and/or case, please

The story is that I am married for about 6 years and 5 months but my wife did not exercises any right up to now we are going to divorce and I am asking if she start to work now, before initiating divorce til absolute, documents just for this period would be enough for RoR and I work full time with permanent contract.

If she is not working ask her to register for Job seeker allowance or start working.

if you read this forum you will find many cases where EEA national worked 4 yrs 5 months but didn't work during divorce period and Application for ROR or EEA4 rejected.

Just imagine you are applying for new EEA2.

for example : if decree absolute date was Aug 20, 2013. EEA national should be exercising treaty right that time.

read here refused cases:

http://www.immigrationboards.com/viewto ... highlight=

XABI · Post by **XABI** » Sun Sep 01, 2013 6:33 pm

askmeplz82 wrote:
XABI wrote:
Imshzd wrote:
I already answered your question.now what you want?
I appreciate your answer Imshzd I am asking if you can back up your your answer with any reference and/or case, please

The story is that I am married for about 6 years and 5 months but my wife did not exercises any right up to now we are going to divorce and I am asking if she start to work now, before initiating divorce til absolute, documents just for this period would be enough for RoR and I work full time with permanent contract.
If she is not working ask her to register for Job seeker allowance or start working.

if you read this forum you will find many cases where EEA national worked 4 yrs 5 months but didn't work during divorce period and Application for ROR or EEA4 rejected.

Just imagine you are applying for new EEA2.

for example : if decree absolute date was Aug 20, 2013. EEA national should be exercising treaty right that time.

read here refused cases:

http://www.immigrationboards.com/viewto ... highlight=

I get this that at time of divorce (I assume time between divorce initiating and absolute) Non EU has to show treaty rights of EU national. But some other forum claims that you need to show ONE year (as it says in the regulation One year residence together with qualified Eu national)

askmeplz82 · Post by **askmeplz82** » Sun Sep 01, 2013 7:23 pm

XABI wrote:
askmeplz82 wrote:
XABI wrote:
Imshzd wrote:
I already answered your question.now what you want?
I appreciate your answer Imshzd I am asking if you can back up your your answer with any reference and/or case, please

The story is that I am married for about 6 years and 5 months but my wife did not exercises any right up to now we are going to divorce and I am asking if she start to work now, before initiating divorce til absolute, documents just for this period would be enough for RoR and I work full time with permanent contract.
If she is not working ask her to register for Job seeker allowance or start working.

if you read this forum you will find many cases where EEA national worked 4 yrs 5 months but didn't work during divorce period and Application for ROR or EEA4 rejected.

Just imagine you are applying for new EEA2.

for example : if decree absolute date was Aug 20, 2013. EEA national should be exercising treaty right that time.

read here refused cases:

http://www.immigrationboards.com/viewto ... highlight=
I get this that at time of divorce (I assume time between divorce initiating and absolute) Non EU has to show treaty rights of EU national. But some other forum claims that you need to show ONE year (as it says in the regulation One year residence together with qualified Eu national)

One year residence in the UK ( never mentioned together but it's good or else Home office may think it was marriage of convenience. I mean it's normal for any couple to live together after marriage

- 1 year residence in the UK ( many submit proof after marriage )

- 3 years marriage

- Evidence that EEA national was exercising treaty right during divorce proceeding ( until decree absolute )

so, basically there many cases where couple separated and living in different address 5/6 months after marriage ... people get their application refused not because they are not living under same roof but because EEA not exercising treaty right on the right time

Ricardo · Post by **Ricardo** » Mon Sep 02, 2013 6:47 am

@XABI, you don't need moderators or guru for this. Like other members has said, your EEA spouse needs to be exercising treaty right at the initiation of divorce through to the decree absolute. What the HO are interested in is documents proving the treaty right not if it was 5 months to initiation.

XABI · Post by **XABI** » Fri Sep 13, 2013 11:18 pm

Hi guys
I called ukba today and asked about ror application as we discussed that eu national exercising treaty right during divorce from initiating to absolute.

I was shockingly told by ukba adviser that it should be one year evidence of treaties up until absolute and when I asked that it doesn't say anywhere that it should be one year and officer replied as;
it is logical, one year living together in uk with qualified EU partner so the word QUALIFIED means person should be exercising treaties one year means the time should be covered.

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Help for ROR in a complicated application

Help for ROR in a complicated application

Re: need advice for my friend

im same