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Delay divorce if EEA national not exercising treaty right
Posted: Fri Sep 27, 2013 7:12 am
by askmeplz82
Ok guys just a piece of advice:
If you are married to an EU national thinking to divorce after 3/4 years make sure you start divorce proceeding when you are 100% sure EEA national is exercising treaty right at the time of divorce
I've read so many cases in this forum where member Retained right of residence or PR application rejected just because EU family member was not exercising treaty right for short period of time during divorce.
it's better to be prepared first then fight with the case in the court.
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Sun Sep 29, 2013 9:53 pm
by Omini-Wokowoko
askmeplz82 wrote:Ok guys just a piece of advice:
If you are married to an EU national thinking to divorce after 3/4 years make sure you start divorce proceeding when you are 100% sure EEA national is exercising treaty right at the time of divorce
I've read so many cases in this forum where member Retained right of residence or PR application rejected just because EU family member was not exercising treaty right for short period of time during divorce.
it's better to be prepared first then fight with the case in the court.
Thanks Askmeplz, ROR application is all about luck and follow with prayers, though i understand is good to meet the requirment of HO from the EEA National.
My good friend who the husband divorced and was finalised in march 2013 just got her New RC two weeks ago, the ex husband was working as self employed and did nt coperate with her, but she managed to find his 2012 tax return, NI contribution, business cards,
There was no bank statement, no invoice, no accountant letter. but it was issued with a new RC and also without solicitor.
NOW i believe when ex is working as self employed applicants can use that as well....
Thanks Again
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Sun Sep 29, 2013 10:07 pm
by askmeplz82
are you saying your friend didn't show any evidence EX was exercising treaty right during divorce proceeding at all and still managed ROR ?
is it because home office may have checked her tax/ insurance record with inland Revenue ?
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Sun Sep 29, 2013 10:50 pm
by Omini-Wokowoko
askmeplz82 wrote:are you saying your friend didn't show any evidence EX was exercising treaty right during divorce proceeding at all and still managed ROR ?
is it because home office may have checked her tax/ insurance record with inland Revenue ?
Her ex was working , but was only self employed b4 marriage, b4 divorce during divorce, and after divorce. was all self employed and the only prove the lady has was his ex tax return for 2012/2013 and his NI contribution, HO did not ask more documents and she only waited for 4months and recieved new RC
No bank statement, no acc letter, no invoice
Cheers
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Mon Sep 30, 2013 5:52 am
by askmeplz82
Her ex was working , but was only self employed b4 marriage, b4 divorce during divorce, and after divorce. was all self employed and the only prove the lady has was his ex tax return for 2012/2013 and his NI contribution, HO did not ask more documents and she only waited for 4months and recieved new RC
No bank statement, no acc letter, no invoice
Cheers[/quote]
so yes as i said exercising treaty right during divorce ( she was self employed )
some forum member in here applied for ROR but they only included proof of EEA national excising treaty right before divorce so Home Office refused their application because they didn't submit any evidence that EEA was either working, self-sufficient, self employed during divorce processing ( divorce start - divorce finalised )
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Mon Sep 30, 2013 11:31 pm
by Omini-Wokowoko
Ture Talk, i will submit my ROR by december, i went to lawyer for advice also what documents to bring along if i am going to use him. the lawyer ask me to come with all relevant docs and that i should also include our photos as a proof leaving together
Do i really need a photo of both us as proof of leaving together???
Pls Share ur Advice
Thanks
Re: Delay divorce if EEA national not exercising treaty righ
Posted: Tue Oct 01, 2013 4:31 am
by askmeplz82
Omini-Wokowoko wrote:Ture Talk, i will submit my ROR by december, i went to lawyer for advice also what documents to bring along if i am going to use him. the lawyer ask me to come with all relevant docs and that i should also include our photos as a proof leaving together
Do i really need a photo of both us as proof of leaving together???
Pls Share ur Advice
Thanks
not necessary. 3 yrs marriage proof , 1 year Uk residence proof and exercising treaty right during divorce proceeding
if you include EEA national exercising treaty right after marriage that's good too