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any change in LAW for Retention of Right of Residence
Posted: Tue Jun 26, 2012 1:06 am
by newbee195
change
Posted: Tue Jun 26, 2012 1:17 am
by Jambo
UK immigration rules change. Not the EEA regulations.
Posted: Tue Jun 26, 2012 1:25 am
by newbee195
yes, but is there any change by UK immigration for EEA cases? because end of the day we are living in UK.
Posted: Tue Jun 26, 2012 2:06 pm
by Directive/2004/38/EC
Posted: Tue Jun 26, 2012 2:44 pm
by newbee195
thanks Directive for the web link. I got these words in that page
"The retained rights of residence rules have been amended to include references not only to qualified persons but also to EEA nationals with a right of permanent residence."
do you understand/know something about the amendment to include references? or maybe you can tell me that where i can read about that amendment.
thanks
Posted: Tue Jun 26, 2012 4:40 pm
by AKDK
Directive/2004/38/EC
Thank you for the link. Would you be so kind to clarify if from now on when a person applying for ROR, she/he will have to prove that her ex-EEA partner had permanent residence at the moment when the marriage was terminated?
Posted: Tue Jun 26, 2012 4:57 pm
by Jambo
AKDK wrote:
Directive/2004/38/EC
Thank you for the link. Would you be so kind to clarify if from now on when a person applying for ROR, she/he will have to prove that her ex-EEA partner had permanent residence at the moment when the marriage was terminaLted?
Read the text again: "The retained rights of residence rules have been amended to include references
not only to qualified persons but
also to EEA nationals with a right of permanent residence."
The current legislation doesn't cover a case when the ex has a PR and hence doesn't need to exercise treaty rights. This change covers that option. It is an addition and not a change of rules.
Posted: Tue Jun 26, 2012 8:52 pm
by newbee195
Dear Jambo and Directive,
sorry for posting the question again and again as my english is not very good maybe to understand the exact mean.
i ask specifically about my situation, i'm going to divorce with my wife (she is an EEA national) after 3 years of marriage and we are living in UK about 2 years. And we both are working on fulltime permanent employment contracts. She does not have PR of UK (as she does not need PR to live an work in UK).
Here i would like to make clear for me that ,
1) Does it effect my application for RoR, that she does not have PR?
2) do I not need anymore to show her exercise of treaty rights during divorce period? or if it does mean something else. then please tell me that for what we are discussing "exercise treaty rights" ?
i will be very very thankful to Jambo, Directive or/and some other member. who can make me clear. as i'm very confused.
thanks in advance and looking forward for reply.........
Posted: Wed Jun 27, 2012 12:22 am
by Jambo
Nothing changes in your case. The rules of RoR stay the same:
* you need to be married for at least 3 years, at least one of them in the UK.
*You need to show EEA national is exercising treaty rights until the divorce is final.
* You need to show that you are exercising treaty rights once the divorce is final.
Posted: Wed Jun 27, 2012 2:04 am
by newbee195
thanks very much
derivative
Posted: Wed Jun 27, 2012 3:23 am
by cerrahpasalilar
Dear Directive/2004/38/EC
Could you please let me know what is the meaning of "derivative residence card" and which circumstances will this type of card be issued
Thank you
Kind regards
Re: derivative
Posted: Wed Jun 27, 2012 9:13 am
by askmeplz82
cerrahpasalilar wrote:
Dear Directive/2004/38/EC
Could you please let me know what is the meaning of "derivative residence card" and which circumstances will this type of card be issued
Thank you
Kind regards
read this....................
http://www.legislation.gov.uk/uksi/2012/1547/made
Posted: Wed Jun 27, 2012 1:14 pm
by kool145
Are they gong to change ROR card
Instead of says family member of eea
Into "derivative rc" ???
Posted: Wed Jun 27, 2012 6:49 pm
by newbee195
yep, good question. if somebody knows, and if YES, then what the difference will be between new and old.
thanks
Posted: Wed Jun 27, 2012 10:21 pm
by Guerro
My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
Posted: Wed Jun 27, 2012 11:05 pm
by vinny
If you have to appeal, then see also
here.
Posted: Thu Jun 28, 2012 10:37 am
by newbee195
it means. if someone's wife(EEA member) has got PR, then it is not good for EEA family member after divorce? am i right?
Posted: Wed Jul 03, 2013 9:52 am
by askmeplz82
Guerro wrote:My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
It so common . Not all Husband/wife stay as friend after divorce. Many really don't want to see ex anymore.
i wonder how a NON EU national can apply then if EU national not helping with documents and ID
Posted: Wed Jul 03, 2013 10:33 am
by Imshzd
askmeplz82 wrote:Guerro wrote:My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
It so common . Not all Husband/wife stay as friend after divorce. Many really don't want to see ex anymore.
i wonder how a NON EU national can apply then if EU national not helping with documents and ID
Non EEA national can request to home office to check internally and externally EEA nationals treaty rights.
Posted: Thu Jul 18, 2013 2:29 pm
by waqas123
Imshzd.. do you have any case reference that court ordered in appeal that HO should contact HMRC to confirm that EU wife/husband was working during divorce? because after divorce my wife is not helping me regarding payslips?
Posted: Thu Jul 18, 2013 2:48 pm
by Imshzd
waqas123 wrote:Imshzd.. do you have any case reference that court ordered in appeal that HO should contact HMRC to confirm that EU wife/husband was working during divorce? because after divorce my wife is not helping me regarding payslips?
http://www.freemovement.org.uk/2012/08/ ... nce-cases/