Retained Rights Help URGENT

Hello Everyone,

Asking for a friend as I have found these forums very helpful in the past and I imagine his unique situation will gather a better response here.

I would like to preface this post by saying that he has applied for retained rights.

• On 10 August 2017 he married a german national
  
  On 10 October 2018 he submitted an out of country application for leave to enter
  the UK as the family member of a European Economic Area (EEA) national.
• On 15 October 2018 he was granted entry clearance in this capacity, valid until 15 April
  2019.
• He arrived on 31st January 2019
• On 18th April 2019 he was issued a residence card
• On 05 May 2019 he submitted an application for Indefinite Leave to Remain in the
  UK under the EU Settlement Scheme.
• on 6th September 2019 he seperated from his wife due to domestic and mental abuse
• On 12th October 2019 he was was granted an Islamic divorce
• On 26 June 2019 his application for ILR under the EU Settlement Scheme was
  unsuccessful, however he was granted Limited Leave to Remain in the UK until 27
  June 2024
• On 06 April 2020 he submitted the current application for Indefinite Leave to Remain
  in the UK as a Victim of Domestic Violence

His last application which was submitted on the 6th of April 2020 is still pending, it has been almost 2 years now.

His last correspondence was from the HO on the 11/12/2020. They advised him that as his sponsor has moved from the UK his residence card has been revoked.

I would like to ask what course of action can he take now? As he is coming up to the 5 year anniversary of entering the UK, can he apply for a permanent residence and than nationality or does he need to wait the outcome of his ILR?

Did he get a legal divorce from his German wife before she left the UK?

Retained Rights of Residence only apply when there is a legal divorce and other specific conditions are met.

If his German spouse has left the UK, it is likely that his right to reside legally in the UK is over.

He has no independent right to reside in the UK. His right to reside in the UK would have been entirely dependent on the rights of the EU citizen spouse in the UK, and if she left, his rights would move with her.

As an aside, keep in mind that the lack of a legal divorce will also prevent him from sponsoring any future non-EEA spouse to the UK, even if he gets ILR or British citizenship.

confusedinpakistan wrote: ↑

Mon Feb 20, 2023 6:21 pm

As he is coming up to the 5 year anniversary of entering the UK, can he apply for a permanent residence and than nationality or does he need to wait the outcome of his ILR?

There is no concept of permanent residency after five years of residence under the EEA Regulations any more, after Brexit.

If his EU citizen spouse has left the UK, the time after she left the UK will likely not count anyway, because his right to reside was entirely dependent on her.

As regards Domestic Violence, are those arguments backed up by support from relevant domestic violence charities, the police being involved or called to a fight with the spouse, any medical proof corroborated by a doctor, etc?

Apart from the immigration side of things, your friend may want to contact Mankind and Mens Advice Line, both charities for male victims of domestic abuse.

secret.simon wrote: ↑

Mon Feb 20, 2023 7:34 pm

Did he get a legal divorce from his German wife before she left the UK?

The divorce proceedings were not completed as she left the UK before it could be finalised.

secret.simon wrote: ↑

Mon Feb 20, 2023 7:34 pm

Retained Rights of Residence only apply when there is a legal divorce and other specific conditions are met.

If his German spouse has left the UK, it is likely that his right to reside legally in the UK is over.

He has no independent right to reside in the UK. His right to reside in the UK would have been entirely dependent on the rights of the EU citizen spouse in the UK, and if she left, his rights would move with her.

As an aside, keep in mind that the lack of a legal divorce will also prevent him from sponsoring any future non-EEA spouse to the UK, even if he gets ILR or British citizenship.

Even though she was in the UK for more than a year?

Also, he has been to his GP many times over the past few years, and has spoke with a psychiatrist as well and has been referred for CBT and group therapy.

Thank you for your response and look forward to your reply.

confusedinpakistan wrote: ↑

Tue Feb 21, 2023 7:28 pm

Even though she was in the UK for more than a year?

Yes.

Three conditions need to be met for the Retained Right of Residence to kick in.
(a) the marriage needs to have lasted at least three years,
(b) the couple should have resided in the relevant Member-State/UK for at least a year, and,
(c) the marriage came to a legal end (in the UK, with a decree absolute).

All three conditions need to be met.

If the wife left the UK, the husband is expected to follow her. The reason for the visa being issued to him is to prevent infringement on her freedom of movement. His visa is an expression of her rights. She left, there are no rights to infringe, his visa comes to an end.

confusedinpakistan wrote: ↑

Tue Feb 21, 2023 7:28 pm

Also, he has been to his GP many times over the past few years, and has spoke with a psychiatrist as well and has been referred for CBT and group therapy.

Might not be enough for ILR. Were any police complaints filed? Any independent investigation of the domestic abuse?

Hi Simon,

Can you clarify what his options are?

From what your saying it looks like Retained rights are out of the question even though there was DV.

What are his options now? You mentioned ILR could you please point me in the right direction so that I may advise him?

confusedinpakistan wrote: ↑

Tue Feb 21, 2023 7:28 pm

Also, he has been to his GP many times over the past few years, and has spoke with a psychiatrist as well and has been referred for CBT and group therapy.

many times over the last few years? He was only with his EEA citizen wife in the UK for 7 months and then she left the UK!

confusedinpakistan wrote: ↑

Mon Feb 20, 2023 6:21 pm

[*]He arrived on 31st January 2019

[*]On 18th April 2019 he was issued a residence card

[*]On 05 May 2019 he submitted an application for Indefinite Leave to Remain in the
UK under the EU Settlement Scheme.

[*]on 6th September 2019 he seperated from his wife due to domestic and mental abuse

The following read likes she told UKVI that she had left the UK and gave them the date she left.

confusedinpakistan wrote: ↑

Mon Feb 20, 2023 6:21 pm

His last correspondence was from the HO on the 11/12/2020. They advised him that as his sponsor has moved from the UK his residence card has been revoked.

JB007 wrote: ↑

Wed Feb 22, 2023 1:02 pm

confusedinpakistan wrote: ↑

Tue Feb 21, 2023 7:28 pm

Also, he has been to his GP many times over the past few years, and has spoke with a psychiatrist as well and has been referred for CBT and group therapy.

many times over the last few years? He was only with his EEA citizen wife in the UK for 7 months and then she left the UK!

Yes, unfortunetly his mental health has been affected quite harshly and he has been under medication and is getting therapy.

Yes, I believe as a final way to torture my friend she refused to grant a divorce through the court systems and also informed the HO that she was leaving the UK.

confusedinpakistan wrote: ↑

Wed Feb 22, 2023 3:57 pm

Yes, I believe as a final way to torture my friend she refused to grant a divorce through the court systems and also informed the HO that she was leaving the UK.

Surely your friend reported that his marriage was over and they had separated, as he was required to do? Didn't he?

You must tell the Home Office when you divorce or separate from your partner if your visa is based on your relationship.

You must then either apply to stay in the UK or leave.

Your visa is based on your relationship if you have permission to stay in the UK for a limited time as:

a dependant on your partner’s UK visa
a spouse or partner on a family visa

Your visa may also be based on your relationship if you have a family permit.

https://www.gov.uk/visas-when-you-separate-or-divorce

From what you have stated, his wife went home to Germany after a very short time of living with your friend in the UK. Why did your friend think he would get Indefinite Leave to Remain when he arrived in the UK?

confusedinpakistan wrote: ↑

Mon Feb 20, 2023 6:21 pm

His last correspondence was from the HO on the 11/12/2020. They advised him that as his sponsor has moved from the UK his residence card has been revoked.

And how is able to pay for a roof over his head, food, clothing, NHS bills etc if he has no legal status in the UK?

I think you and he should seek professional legal advice, ideally from somebody who is familiar with the laws for non-EEA family members of EEA citizens, to regularise your cousin's legal status in the UK, because at the moment, he does not seem to have any.

Also, be aware that if the NHS Trust that he is being treated at is made aware that he does not have a right to reside in the UK, he may be responsible for 150% cost of any treatment that he may be getting. He may want to start saving up for the medical and legal cost.

In a worst case situation, he may have to look at returning to Pakistan.

JB007 wrote: ↑

Wed Feb 22, 2023 5:00 pm

confusedinpakistan wrote: ↑

Mon Feb 20, 2023 6:21 pm

His last correspondence was from the HO on the 11/12/2020. They advised him that as his sponsor has moved from the UK his residence card has been revoked.

And how is able to pay for a roof over his head, food, clothing, NHS bills etc if he has no legal status in the UK?

1) Im not sure if you read the literally first paragraph that I posted where I said he has applied for retained rights, when he applied for retained rights he recieved a certificate of application which gives him the right to live and work in the UK.

2) Have you got anything constructive to add? Because im not sure if your aware but your posts provide no valuable information and come across as very hostile.

Where exactly did you post he applied for retained rights of residence in the "first paragraph"?

An application for ILR based on perceived domestic violence is not an application for retained rights.

This is why people should register on the forum and ask their own questions instead of relying on third party back and forth.

confusedinpakistan wrote: ↑

Wed Feb 22, 2023 5:19 pm

1) Im not sure if you read the literally first paragraph that I posted where I said he has applied for retained rights, when he applied for retained rights he recieved a certificate of application which gives him the right to live and work in the UK.

There is nothing in your first post about retained rights. For NHS use- However, if the EUSS application is refused then charges must be made for services provided after the date of application (unless the person is exempt for another reason): reg 13A(4).
https://hclc.org.uk/2021/06/zambrano-ca ... d-to-know/

Although as CR001 has pointed out, his domestic abuse application is not a retained rights application. What application has your friend (or cousin) made?

confusedinpakistan wrote: ↑

Wed Feb 22, 2023 5:19 pm

2) Have you got anything constructive to add? Because im not sure if your aware but your posts provide no valuable information and come across as very hostile.

I take it then that he failed to report that he had separated from his wife in 2019, (a few months after he arrived in the UK) even though he was only allowed to be in the UK because of that relationship? You seemed to be blaming his wife for reporting what was required to be reported, when she returned home to Germany.