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retain right of residence after divorce

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

retain right of residence after divorce

Post by raoulll » Mon May 17, 2010 9:55 pm

hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.

Pakhtoon
- thin ice -
Posts: 889
Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Re: retain right of residence after divorce

Post by Pakhtoon » Tue May 18, 2010 7:57 am

raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Tue May 18, 2010 8:25 am

And another one lasted just over the required three months, wonder where the the OP is from?

Anyway, rule is three years marriage, one of which in UK, if the EEA national is from an A8 State, did she register with the WRS?
An chéad stad eile Stáisiún Uí Chonghaile....

677ano
Member
Posts: 103
Joined: Mon Feb 15, 2010 2:08 pm

Post by 677ano » Tue May 18, 2010 10:32 am

Hmm very interesting with all this 3 years+ marriage and divorce
we can all change our stars

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Re: retain right of residence after divorce

Post by raoulll » Wed May 19, 2010 9:47 am

raoulll wrote:hi everybody,i post in this forum hoping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my question is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of wedding till the end of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.

thank you Pakhtoon for your help but is not that help i'm looking for


come on sombody else, i need help here!!

irric
Newly Registered
Posts: 21
Joined: Wed May 19, 2010 1:42 pm
Location: London

Re: retain right of residence after divorce

Post by irric » Thu May 20, 2010 9:40 am

Pakhtoon wrote:
raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.

Hey pakhtoon either help people properly or say nothing at all......
Did no one told u this ever...........
U and some others...... saying like
"another one with just three months over required period"
Better be glad that u are not on his place.....

But who knows history repeat itself.............

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Thu May 20, 2010 9:54 pm

Wanderer wrote:And another one lasted just over the required three months, wonder where the the OP is from?

Anyway, rule is three years marriage, one of which in UK, if the EEA national is from an A8 State, did she register with the WRS?
If she was not registered on WRS then OP wouldnt have got 5 years eea permit or whatever its called. :)

troubled
Member
Posts: 178
Joined: Wed Mar 03, 2010 12:04 pm

Post by troubled » Mon May 24, 2010 10:13 am

You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Mon May 24, 2010 10:54 am

troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working
thank u for ur time

mrlookforward
BANNED
Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Mon May 24, 2010 11:27 am

raoulll wrote:
troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working
thank u for ur time
that is the whole point of right of retention, that later on you can apply for PR

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Mon May 24, 2010 9:23 pm

mrlookforward wrote:
raoulll wrote:
troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working

thank u for ur time
that is the whole point of right of retention, that later on you can apply for PR
i want know from now what i have to submit later on when i apply for PR?

troubled
Member
Posts: 178
Joined: Wed Mar 03, 2010 12:04 pm

Post by troubled » Mon May 24, 2010 9:59 pm

raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted[/quote]

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Tue May 25, 2010 10:06 am

troubled wrote:raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted
[/quote]

my problem now
if i get my right of residence (after submit her documents) which she is willing to help me now ,do i have to submit her document again when i apply for PR(2 Y time)which i'm not sure if she going to help me again and give me her document for the second time.

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Wed May 26, 2010 10:50 am

raoulll wrote:
troubled wrote:raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted
let me reform my question
if i retain my right of residence after showing that my x exercised her treaty rights for all the 3 y and 3 m(all the periode till the end of divorce)
do i have to show her documents again when i apply for PR after 2 y from now?

mrlookforward
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Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Wed May 26, 2010 11:53 am

NO. But remember, its the period upto the start of divorce proceeding.

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Thu May 27, 2010 7:42 am

mrlookforward wrote:NO. But remember, its the period upto the start of divorce proceeding.
what do you mean no?!
is it enough i show them she was exercing her treaty right only the start of divorce till the end for get my retain right of residence
and after 2 years i show them only i worked the last 2 y and i get my PR

thank u for ur time

mrlookforward
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Posts: 898
Joined: Fri Jan 02, 2009 12:49 am

Post by mrlookforward » Thu May 27, 2010 10:24 am

You need the proof that you spouse was exercising treaty rights for three year on or before the date divorce proceedings started.

edinburgh
Newbie
Posts: 46
Joined: Thu May 20, 2010 1:36 pm

Re: retain right of residence after divorce

Post by edinburgh » Mon Jun 14, 2010 11:37 pm

deleted
Last edited by edinburgh on Fri Jun 18, 2010 7:52 pm, edited 1 time in total.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Re: retain right of residence after divorce

Post by bobobo » Tue Jun 15, 2010 9:29 am

Seriously guys just ignore pakhtoon, some people just cant get this right and dont understand that they are here to help others and not mock them. We are here not to write in Kings or Queens english but to get questions answered and answer questions.
I suggest just ignore his comments and move on...

On a seperate note Raoulll check this post out and it may make things clearer:
http://www.immigrationboards.com/viewtopic.php?t=58493
edinburgh wrote:
Pakhtoon wrote:
raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.
you need to get your 'grammer' right first, pal, to be so cheeky to correct others. not grammer but grammar. and we don't 'do' 'grammer' corrections, but make corrections. and in this contexts, to 'do' or make 'grammer'/grammar corrections sounds a bit weird.

not everyone can spell, ye ken.

dixit.

sleeper
Newbie
Posts: 37
Joined: Fri Oct 23, 2009 9:50 am

Post by sleeper » Tue Jun 15, 2010 10:53 am

Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.

mego_1980
Member
Posts: 146
Joined: Sun Apr 26, 2009 8:10 am

Post by mego_1980 » Tue Jun 15, 2010 6:19 pm

sleeper wrote:Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.
Hi Sleeper,

Did they ask you for more documents ? How many years they gave you to retain your rights? you have said you send letter confirming your ex employmet , do you mean accountant letter (is she self employed)? Have you got 5 years resident card before you apply to retain your rights?

Thanks

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Tue Jun 15, 2010 10:12 pm

[
quote="sleeper"]Just to let everyone who is interested know, that I retained my rights of residence.

hi sleeper,congratulation about your new status.
Documents sent to HO: 2. Letter confirming my ex employment for a year before decree absolute is issued. Any questions, please ask…
i jus want to know,that the only prove you sent to HO about you x wife was exercing her treaty right it's one employee letter confirming that she was working for one year and nothing else!!!

3.
My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).
which periode those p60's+payslips are for?

sleeper
Newbie
Posts: 37
Joined: Fri Oct 23, 2009 9:50 am

Post by sleeper » Wed Jun 16, 2010 8:51 am

To Mego: No they didn’t ask for more docs. 5 years RC. Letter confirming her employment. Yes I had 5 years RC before I applied.

To Raoulll: Yes just one letter and her WRS registration certificate. P60 for 4 years + all payslips (4 years).

If anyone knows..Do I have to pay for shengen visa now as I am no longer dependant on my spouse, but hold the same RC as I had before (5 years RC). What are the docs do I need to submit to French embassy in my case? Are there any EC countries I can travel without obtaining shengen visa?

kellyman
Newly Registered
Posts: 17
Joined: Mon Mar 22, 2010 9:31 pm

Post by kellyman » Wed Jun 16, 2010 9:21 am

If anyone knows..Do I have to pay for shengen visa now as I am no longer dependant on my spouse, but hold the same RC as I had before (5 years RC). What are the docs do I need to submit to French embassy in my case? Are there any EC countries I can travel without obtaining shengen visa?[/quote]

yea you have to pay for schengen now as you are no longer a family member of an EEA. you are now on your own and i think if you want to study too you wont be classified as a 'home student' till you secure your PR.

BUT THE GOOD THING IS YOU ARE COMPLETELY INDEPENDENT NOW :wink:

raoulll
Junior Member
Posts: 63
Joined: Mon May 17, 2010 9:57 am

Post by raoulll » Wed Jun 16, 2010 10:22 am

sleeper wrote:Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.

thank u for you reply,let me ask u some questions if you don't mind
when are you going to apply for PR?
if you are going to use EEA4 FORM,how you are going to prove you were working for 5 years?correct me if i'm wrong
the last 4 years you were married to eea national and if you submit you p60's,payslips for these years you need to have comprehencive inss.

thank you in advance.

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