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Hi all

Quick question: How long after the decree absolute is issued should the applicant submit their "Retained rights of residence"?

Background story: I have recently divorced from EEA spouse, everything went smoothly but due to red-tape (in Croatia) despite the divorce been granted in mid-April the court (in Croatia) didn't "publish" it until late May. And now I've the decree absolute which is dated April making it look like I have been seating on this document for a couple of months before applying for "Retained rights of residence".
To make matters worse, the decree absolute had an error and the court clerk corrected it with Tip-ex I kid you not!!)
I'm trying to get them to re-issue me one without errors which might take another month or so which will delay my application even more

There is no time limit after divorce to apply for ROR but it is advisable to do as soon as possible. I think it will be worth having the court to issue another divorce certificate as an official document with a tip-ex can cause problems regarding its authenticity.

Nyamebeye wrote:There is no time limit after divorce to apply for ROR but it is advisable to do as soon as possible

Thanks for your reply. Do you know if that's quoted in any of the HO guidelines?

Its not quoted anywhere but I was advised to apply as soon as possible after divorce. This is because once you divorce, technically your RC becomes invalid since you are no longer a family member of an EEA national. Applying for ROR will show that you qualify to remain here in the UK in another category; meaning in your own rights. I applied for my ROR a month after my divorce. My prevoius RC which was valid until Aug 2015 was cancelled by the caseworker after issueing me with the new RC meaning I do not belong to that category anymore (family member category).
I hope it makes sense.

Thank you for clearing that up. I still have a hill to climb with the red-tape trying to re-issue the tip-ex document

Nyamebeye wrote:Its not quoted anywhere but I was advised to apply as soon as possible after divorce. This is because once you divorce, technically your RC becomes invalid since you are no longer a family member of an EEA national. Applying for ROR will show that you qualify to remain here in the UK in another category; meaning in your own rights. I applied for my ROR a month after my divorce. My prevoius RC which was valid until Aug 2015 was cancelled by the caseworker after issueing me with the new RC meaning I do not belong to that category anymore (family member category).
I hope it makes sense.

Hi,

I'm going to apply for my ROR soon too.
Could you share your case to see how you did it and how it went, please? I've been living here for 4 years and married for 5 years, just worried about the EEA exceeding treaty rights during the divorce process as is not happening.

I would appreciate it a lot.
Regards

I was married for 4 years and 10 months. Has lived in the UK for 10 years but 5 years as a family member of EEA national. RC issued in 2010 which expires in Aug 2015. We divorced in Dec 2014 and I applied for ROR on Jan 10th 2015. Got COA issued within a week. I basically relaxed and waited for my ROR whih was issued on 8/05/15.
I sent ex payslips from divorce initiation to decree absolute, contract, bank statements and my own payslip for Dec and Jan, letter from my employer and bank statements plus a few other things which I dont think were really needed.

You can search for my thread on ROR.
Thanks