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Retained right of residence for non EEA NATIONAL

Posted: Wed Mar 27, 2019 5:05 pm
by jo305715
Hi All,
I applied for ROR post my divorce on Nov 2017 . Home office accepted my rights to apply but refused the application on 26 Feb 2018 quoting no submission of my ex orginal passport and treaty rights evidence at the time of divorce. I appealed and court was adjourned on 28 Sept 2018 directing home office to get the tax papers of my ex since 2014 to until. I received the same and it shows that she was working from 2014 covering the divorce period 2017 2018 show casing her over all income and tax amout SD zero and she still works and that is also reflected in the state. My appeal is nearing, my doubt is that from that HMRC statement I cannot find that whether she was working on 11 April 2017 when the divorce application was issued by court.
Can any one advise me on the chance of me winning the appeal. My solicitor says that I should be through, but I have an element of doubt. Hence posting here, please help

Re: Retained right of residence for non EEA NATIONAL

Posted: Fri Mar 29, 2019 12:17 am
by wahi66
exercise treaty rights does not mean working every single day. even if she was off or looking for job would also be consider as exercising treaty right. so if she was working in march and then also in april regardless of the date, you will be fine.