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RETAINING MY RIGHTS OF RESIDENCE
Posted: Thu Dec 11, 2014 2:20 am
by chkfarhan
I came to England on a marriage Visa in 2010 for 6 months. My wife sponsored me. I got married and stayed with my wife till last month. I have a 1 year old son. Now my wife wants a divorse, but I dont want to. I want the marriage to work for us. She has applied for a divorse last month . I have to acknowledge reciept of the petition soon. Does this mean that our marriage lasted for at least three years immediately before the initiation of proceedings for divorce? Can I not divorse her and still apply to retain my rights of residence after 2 years?
Please reply as soon as possible. Thanking you in advance.
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Thu Dec 11, 2014 2:26 am
by vinny
What nationality is your wife?
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Fri Dec 12, 2014 3:00 pm
by chkfarhan
Hi ,
Thanks for your reply. My wife is from Poland.
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Fri Dec 12, 2014 4:50 pm
by junaid333
Hi,
I am asking on behalf of my friend. That's is his details:
Non eu national married to eu national in May 2011, residency card (EEA2) issued on August 2011 valid till August 2016. He is in full time employment at the moment.
His eu national wife details:
Came to UK in June 2008.
From June 2008 till June 2013 she has been in full time employment and never been out of UK for more than 6 months. So according to 5 years rule I think she was eligible to apply for her permanent residence (EEA3) but she did not apply so far.
From sep 2013 till current she is in full time education but did not buy comprehensive health insurance because they didn't know it.
Because of relationship problems, they have filled for divorce in November 2014.
My questions are:
Can my non eu national friend apply for his retain right of residence???
Will this not buy health insurance affect on my friend application???
Thanks.
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Sat Dec 13, 2014 1:31 am
by Imshzd
junaid333 wrote:Hi,
I am asking on behalf of my friend. That's is his details:
Non eu national married to eu national in May 2011, residency card (EEA2) issued on August 2011 valid till August 2016. He is in full time employment at the moment.
His eu national wife details:
Came to UK in June 2008.
From June 2008 till June 2013 she has been in full time employment and never been out of UK for more than 6 months. So according to 5 years rule I think she was eligible to apply for her permanent residence (EEA3) but she did not apply so far.
From sep 2013 till current she is in full time education but did not buy comprehensive health insurance because they didn't know it.
Because of relationship problems, they have filled for divorce in November 2014.
My questions are:
Can my non eu national friend apply for his retain right of residence???
Will this not buy health insurance affect on my friend application???
Thanks.
If your friend can produce 5 years treaty rights with ROR application then there is no need for csi.
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Sat Dec 13, 2014 2:25 am
by junaid333
thank you very much.
My friend wife will provide him with all the documents which proves her treaty rights for 5 years.
just one clarification, when my friend will apply for his ROR,
Should he provide her wife treaty documents (student status) from the time of divorce til finalised?
OR
just provide her treaty documents for 5 years as well as proof they were living together in uk?
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Sat Dec 13, 2014 11:07 am
by Imshzd
junaid333 wrote:thank you very much.
My friend wife will provide him with all the documents which proves her treaty rights for 5 years.
just one clarification, when my friend will apply for his ROR,
Should he provide her wife treaty documents (student status) from the time of divorce til finalised?
OR
just provide her treaty documents for 5 years as well as proof they were living together in uk?
Re: RETAINING MY RIGHTS OF RESIDENCE
Posted: Sat Dec 13, 2014 11:08 am
by Imshzd
junaid333 wrote:thank you very much.
My friend wife will provide him with all the documents which proves her treaty rights for 5 years.
just one clarification, when my friend will apply for his ROR,
Should he provide her wife treaty documents (student status) from the time of divorce til finalised?
OR
just provide her treaty documents for 5 years as well as proof they were living together in uk?
Two options,firstly it is more safe to apply PR for EEA national first and just attach PR with ROR application.
OR
he can attach five years treaty rights and proof of residency with ROR application.
After all above no need to submit current student treaty rights.