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Hi All,

I have been reading and learning a lot from this forum for months now. I am a non-eea. My RC was issued in June 2012. Started divorce procedure on November 2015. Decree absolute issued end of March 2016. ex spouse not very very supportive but I have been able to collect some few documents from him.

As per what I have been reading, I need to meet 3conditions in order to retain my right of residence: married for min 3 years, living in UK for min 1 year, ex spouse exercising treaty right during divorce.

These are the documents I have. I have also learnt from this forum to keep it as simple as possible:
- decree absolute (to proof 3 years of marriage)
- 3docs from 3 different sources covering about 2 years under same address for ex spouse
- 3docs from 3 different sources covering about 2 years under same address for myself
- all my payslips from November 2012 till now (working for same company): will only provide probably 6 before divorce finalised.
- 4 payslips only that my ex willingly provided to me (covering December, January, February March) my ex has been working about 50hours a month earning about £400 for same company
- My passport
- Don't have his passport

Can someone please let me know if this is sufficient? It is not really specified in the guide note how many months of proofs we need to provide for ex exercising treaty right during divorce...
Also ex doesn't want to provide me with his passport nor even a photocopy of it to attach to my application.

Can someone please advise?

Thanks

according to my research you do not require his passport
as long as your husband is employed you don't need extensive evidence of that as the home office can find out as long as you tell them where he is what he is doing and which company.

al the best

You will need to prove spouse/sponsor is a Union citizen or application won't get to first base.

noajthan wrote:You will need to prove spouse/sponsor is a Union citizen or application won't get to first base.

He has already received RC as a member of EU citizen and does not have to send spouse's passport again. I had RC and didn't send spouse's passport when I was applying for ROR. Received ROR 8 weeks after sending application.

Nimitta wrote:

noajthan wrote:You will need to prove spouse/sponsor is a Union citizen or application won't get to first base.

He has already received RC as a member of EU citizen and does not have to send spouse's passport again. I had RC and didn't send spouse's passport when I was applying for ROR. Received ROR 8 weeks after sending application.

Where is "send passport" mentioned - I mentioned prove Union citizenship.

Interesting to note a dependent's aging RC does not prove someone's sponsor is still an EU citizen in UK;
eg they may have accepted the privilege of British citizenship in the meantime.

Residence cards
When a non-EEA national has previously been issued a residence card this only demonstrates that they had a right to reside under the regulations
on the date it was issued.
If they later apply for confirmation of a retained right to reside, you must request evidence, where necessary, so you are satisfied that the applicant meets the relevant requirements relating to retained rights

https://www.gov.uk/government/uploads/s ... _clean.pdf

As members report, HO frequently overlook RCs, Barnett et al and applicant has to make a stand as the caseworker will not do the necessary.
If HO does not accept a sponsor is EU the application will not get through first stage of their pre-checks ('first base').

hello ama ,

im waiting home office for same application
I received my work permit
all I sent about my ex was 4 p60`s ,3 last payslips , and her bank statements +mine +my employment since decree absolute
if they needed my ex passport they wouldn't accept my application at all ,all I could give them was a copy od expired ID which I got my RC with ,
most cases HO focus on your ex employment from marriage date till decree absolute was issued
btw If my application is successful I will get ne 5years RC to complete 5 years then I apply for PR

what is your time line so far ?or you did not submit your application yet ?

I don't think they didn't notice that my ex's passport wasn't included. I mentioned it on the cover letter that if na noneu spouse has rc passport of the spouse in the ror application is not required.

soyerlife wrote:hello ama ,

im waiting home office for same application
I received my work permit
all I sent about my ex was 4 p60`s ,3 last payslips , and her bank statements +mine +my employment since decree absolute
if they needed my ex passport they wouldn't accept my application at all ,all I could give them was a copy od expired ID which I got my RC with ,
most cases HO focus on your ex employment from marriage date till decree absolute was issued
btw If my application is successful I will get ne 5years RC to complete 5 years then I apply for PR

what is your time line so far ?or you did not submit your application yet ?

It's been such a long time now.

Well I made the application and I'm still waiting for the final response.

I included or the documents mentioned in my first post. I have been issued the COA with right to work.

If my calculation is right then I should hear from them in December.

All the best

Nimitta wrote:

noajthan wrote:You will need to prove spouse/sponsor is a Union citizen or application won't get to first base.

He has already received RC as a member of EU citizen and does not have to send spouse's passport again. I had RC and didn't send spouse's passport when I was applying for ROR. Received ROR 8 weeks after sending application.

Hi Nimitta,

Did you make the application recently? 8 weeks is very short period. I've been waiting for 4months now.

i hope that the guru wil corect me i m wrong but there is thing that the EEa national is suppose to be working enough to meet the primary threshod which is pecisely £672 per my reserch no need to worry just sharing what i know and please correct me if am wrong

ama26 wrote: Did you make the application recently? 8 weeks is very short period. I've been waiting for 4months now.

No, not recently. Three years ago.

Nimitta wrote:

ama26 wrote: Did you make the application recently? 8 weeks is very short period. I've been waiting for 4months now.

No, not recently. Three years ago.

I wish it was that quick now.

soyerlife wrote:hello ama ,

im waiting home office for same application
I received my work permit
all I sent about my ex was 4 p60`s ,3 last payslips , and her bank statements +mine +my employment since decree absolute
if they needed my ex passport they wouldn't accept my application at all ,all I could give them was a copy od expired ID which I got my RC with ,
most cases HO focus on your ex employment from marriage date till decree absolute was issued
btw If my application is successful I will get ne 5years RC to complete 5 years then I apply for PR

what is your time line so far ?or you did not submit your application yet ?

My timeline as below:
EEA(FM)for ROR
App sent on 01/06/2016
Bio letter date- 01/07/2016
Bio submitted-05/07/2016
COA : 11/07/2016
RC pending

I'm started to get nervous as it will be 6 months next weeks. I was following the other timelines and though I would receive it about 10 days before 6 months. I just can't wait to receive it.

What about you?

Kindly note this is not some sort of timeline thread; this is only for Documents needed for the application of ROR

Hi ama26 .....

I submit 3 year prof of address .
Payslips of ex from start of divorce till end of divorce both
Employer letter both
Bank statement
Joint bank statements
Ex payment type from employer is cash so no bank statement for .
Application send on 09.june.2016

Hope for the best
Regards
Jay

jay.ho wrote:Hi ama26 .....

I submit 3 year prof of address .
Payslips of ex from start of divorce till end of divorce both
Employer letter both
Bank statement
Joint bank statements
Ex payment type from employer is cash so no bank statement for .
Application send on 09.june.2016

Hope for the best
Regards
Jay

Me too! On his payslips, it's mentioned cash payment. I did not attach any bank statement. I can't wait to hear from the Home Office with a positive outcome.

I have now received all my documents back and the RC has also been delivered by DX

below are all the documents I send to the HO in order to get my approval

- decree absolute
- 3docs from 3 different sources covering about 2 years under same address for ex spouse
- 3docs from 3 different sources covering about 2 years under same address for myself
- all my payslips from November 2012 till now (working for same company)
- payslips from ex covering the period of divorce
- My passport

This forum is very helpful!