Good morning all,
I'm assisting ex-husband (all very civil) with EEA PR, am a little confused and would really appreciate some guidance.
- Non-Eea (at that time my Spouse) entered the UK with me (a British citizen) on 14/12/2011 following a three month residence together in The Netherlands
- RC issued in September 2012 under regulation 9/Surrinder Singh
- Divorce proceedings initiated by myself May 2015
- Decree absolute issued September 2015
- Retained rights application submitted November 2015
-ROR refused ( & RC revoked) May 2016 (Insufficient evidence to prove sponsor remained in the UK up until decree absolute)
- Appeal submitted June 2016 at which stage I suggested waiting until December 2016 and applying for PR but ex-spouse went ahead with fresh ROR application.
- ROR RC issued March 2017
My understanding is that applicant became eligible for PR on 14/12/2016 and so am uncertain of whether to submit pay slips etc up until that date only.
Looking through 2016 regulations it appears that Eind case law is simply ignored, surely this cannot be applied retrospectively?
Does the Surrinder Singh section of the form even need completing since ROR RC was already issued last time around?
Section 3.2 asks whether sponsor has PR.
If the sponsor is a BC, then is the answer yes?
Public funds.
This section need not be completed if sponsor is BC and application is under Singh, the form states.
In this instance sponsor is indeed a BC but application isn't under Singh, is it?
Isn't it under ROR?
And so should public funds section be completed then?
Sincere apologies for my ignorance.
All these past applications I've found pretty straight forward but some recent ill health on my part as well as only just discovering the changes of 2016 to regulations has left me lacking confidence and rather confused.
Many thanks in advance for your kind assistance.
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