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retained right of residence
Posted: Thu Sep 26, 2013 4:27 pm
by topmic
pls guys, i need some advice,
got married to EEA march 2009 in Africa
come to UK may 2009 with a visiting visa
apply for residence card 2011 April
got residence card July 2011
divorce January 2013
got absolute decree march 2013
and she has been working since December 2010 and have all the proof till march 2013 , but no proof from march 2009 to November 2010 because she is not working then,
what can i do, can i go ahead and apply for retained right of residence
Posted: Thu Sep 26, 2013 5:34 pm
by Imshzd
Yes go ahead for ROR.
Re: retained right of residence
Posted: Thu Sep 26, 2013 6:36 pm
by Obie
topmic wrote:pls guys, i need some advice,
got married to EEA march 2009 in Africa
come to UK may 2009 with a visiting visa
apply for residence card 2011 April
got residence card July 2011
divorce January 2013
got absolute decree march 2013
and she has been working since December 2010 and have all the proof till march 2013 , but no proof from march 2009 to November 2010 because she is not working then,
what can i do, can i go ahead and apply for retained right of residence
I believe you should be alright.
Re: retained right of residence
Posted: Thu Sep 26, 2013 8:46 pm
by askmeplz82
topmic wrote:
what can i do, can i go ahead and apply for retained right of residence
---------------------------------
- 3 yrs marriage , 1 year UK, exercise treaty right during divorce
Go ahead...
Re: retained right of residence
Posted: Fri Sep 27, 2013 1:28 pm
by XABI
askmeplz82 wrote:topmic wrote:
what can i do, can i go ahead and apply for retained right of residence
---------------------------------
- 3 yrs marriage , 1 year UK, exercise treaty right during divorce
Go ahead...
"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice
Re: retained right of residence
Posted: Fri Sep 27, 2013 1:51 pm
by askmeplz82
XABI wrote:askmeplz82 wrote:topmic wrote:
what can i do, can i go ahead and apply for retained right of residence
---------------------------------
- 3 yrs marriage , 1 year UK, exercise treaty right during divorce
Go ahead...
"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice
A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.
There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.
Re: retained right of residence
Posted: Fri Sep 27, 2013 3:58 pm
by XABI
askmeplz82 wrote:XABI wrote:askmeplz82 wrote:topmic wrote:
what can i do, can i go ahead and apply for retained right of residence
---------------------------------
- 3 yrs marriage , 1 year UK, exercise treaty right during divorce
Go ahead...
"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice
A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.
There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.
Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR
Re: retained right of residence
Posted: Fri Sep 27, 2013 5:15 pm
by askmeplz82
XABI wrote:askmeplz82 wrote:XABI wrote:askmeplz82 wrote:
---------------------------------
- 3 yrs marriage , 1 year UK, exercise treaty right during divorce
Go ahead...
"exercise treaty right during divorce" it is not sufficient information specify with start and end. Everyone knows end date as up to divorce absolute but no one admit clearly start date. Poor advice
A person will qualify for retention of residence, if he/she is able to show that on termination of the marriage, his or her ex spouse was a qualified person.
There is, and has never been a requirement that they show the Ex EEA spouse was qualifed throughout the currency of the marriage for the person to qualify for retention.
Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR
*************
Divorce proceeding - decree absolute ( 4- 6 ) months .
Regulation 10.5 :
prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
And UK home office added this in that regulation :
In order to retain a right of residence under regulation 10(5), the
relevant EEA national must have been exercising free movement rights or
have had a right of permanent residence under the Regulations at the time
at which the marriage was legally terminated (that is, when the decree
absolute was obtained). Therefore, a person applying for a document
confirming that they have retained a right of residence in this way must
provide evidence that the EEA national was either a qualified person, or a
person with a right of permanent residence under the Regulations at the
time that the marriage was terminated. Without such evidence it would not
be possible to determine whether the applicant had retained a right of
residence or not.
Helo
Posted: Sat Sep 28, 2013 2:40 am
by waqas123
Hi askmeplz82
I am trying to send you private message but its not going through to you.
Can you plz send me your email id ? So i can email you?
My email is xxxxxxx
Re: Helo
Posted: Sat Sep 28, 2013 7:16 am
by askmeplz82
waqas123 wrote:Hi askmeplz82
I am trying to send you private message but its not going through to you.
Can you plz send me your email id ? So i can email you?
My email is xxxxx
check your Mailbox.......
If a Retained Right of Residence application is approved, a non-EEA citizen may be granted with an EEA Residence Document, valid for 5 years. Such a non-EEA citizen will be able to remain and work in the UK and apply for Permanent Residence (ILR) having completed totally 5 years under EEA law on combination of the “old” and “current” EEA Residence Documents.
Re: retained right of residence
Posted: Sat Sep 28, 2013 10:58 am
by Nimitta
XABI wrote:Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR
No. EU should work all the time during divorce procedure, i.e. since the divorce papers were sent to the court until the DA was issued, and it is never 2 months. There is no way one can do it faster than 4 months.
Re: retained right of residence
Posted: Sat Sep 28, 2013 5:09 pm
by XABI
Nimitta wrote:XABI wrote:Ok say couple married for 6 years lived together all the way but EU national did not use treaty rights all the time and they have initiated divorce and EU national start work 2 months before divorce absolute issued. Will this 2 months be enough for RoR
No. EU should work all the time during divorce procedure, i.e. since the divorce papers were sent to the court until the DA was issued, and it is never 2 months. There is no way one can do it faster than 4 months.
Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.
Re: retained right of residence
Posted: Sun Sep 29, 2013 12:05 am
by Nimitta
XABI wrote:Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.
Only DA certificate. There is no need to send all divorce papers. The date of the divorce initiation and the date of marriage will be there on the divorce certificate, hence there is no need to send anything else. The HO will get all information they need from the DA certificate.
Posted: Sun Nov 03, 2013 7:28 am
by Amber
topmic wrote:pls guys, i just want to ask this question for my friend, , when u apply for a (retained right of residence) after divorce , why are some people given another 5yrs and another people given (leave to remain)?
Re: retained right of residence
Posted: Sun Nov 03, 2013 8:59 am
by Imshzd
Nimitta wrote:XABI wrote:Hi Nimitta
Yeah well I did not say divorce procedure lasts 2 months.I said 2 months before DA was issued. OK so when you sent document to HO, do you also sent divorce papers that were sent to the court (which I think they are divorce initiation). I thought only DA certificate is sent.
Only DA certificate. There is no need to send all divorce papers. The date of the divorce initiation and the date of marriage will be there on the divorce certificate, hence there is no need to send anything else. The HO will get all information they need from the DA certificate.
I agree that there is no need to sent all divorce papers
But
I disagree that the date of the divorce initiation is on the divorce certificate.
On decree absolute you will find.
Marraige date.
Decree Nisi date.
Decree absolute date.
Re: retained right of residence
Posted: Sun Nov 03, 2013 9:14 am
by Nimitta
Imshzd wrote:I disagree that the date of the divorce initiation is on the divorce certificate.
On decree absolute you will find.
You can call it Decree Absolute, certificate of divorce, certificate of dissolution of marriage. Same thing.
Re: retained right of residence
Posted: Sun Nov 03, 2013 11:37 pm
by Imshzd
Nimitta wrote:Imshzd wrote:I disagree that the date of the divorce initiation is on the divorce certificate.
On decree absolute you will find.
You can call it Decree Absolute, certificate of divorce, certificate of dissolution of marriage. Same thing.
I thing you mis read my post.
I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date
Nothing elseeeee
Re: retained right of residence
Posted: Mon Nov 04, 2013 1:35 pm
by Nimitta
Imshzd wrote:
I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date
Are you sure?
Re: retained right of residence
Posted: Mon Nov 04, 2013 1:44 pm
by Imshzd
Nimitta wrote:Imshzd wrote:
I wrote that on the decree absolute/certificate of divorce/certificate of dissolution of Marraige,,,you can only see the following dates.
1:Marraige date.
2:Decree Nisi date
3:decree absolute date
Are you sure?
Yes 100% sure without any hesitation.
Re: retained right of residence
Posted: Tue Nov 05, 2013 3:10 pm
by Nimitta
Imshzd wrote:
Yes 100% sure without any hesitation.
Mine does.
Posted: Thu Nov 07, 2013 2:48 pm
by Amber
topmic wrote:pls guys,
if you apply for ROR and you are given another 5 yrs, when will ypu apply for your PR is it after the first 5yrs or after the new 5yrs on ur ROR?
Re: retained right of residence
Posted: Thu Nov 07, 2013 4:30 pm
by askmeplz82
YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application
after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member
or You can apply before if you have all the required documents from your EEA family member exercise treaty right
Re: retained right of residence
Posted: Thu Nov 07, 2013 7:05 pm
by Amebo
askmeplz82 wrote:YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application
after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member
or You can apply before if you have all the required documents from your EEA family member exercise treaty right
You can apply for PR, after you have completed total five years from the date of marriage, i e 3years before divorce and two years after ROR,
that is what i understand
Re: retained right of residence
Posted: Fri Nov 08, 2013 2:12 am
by askmeplz82
Amebo wrote:askmeplz82 wrote:YES you may be issued with 5 years residence card again . there is no such thing as ROR application. You just send a new EEA2 application
after that you can exercise treaty right and apply for PR after 5 years without any documents from your EEA family member
or You can apply before if you have all the required documents from your EEA family member exercise treaty right
You can apply for PR, after you have completed total five years from the date of marriage, i e 3years before divorce and two years after ROR,
that is what i understand
thats true : for example if someone get divorced after 4 years 11 months so it would have been 4 years 11 months EEAa national and 1 month NON EU national exercise treaty right