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retain right of residence after divorce

Posted: Mon May 17, 2010 10:55 pm
by raoulll
hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.

Re: retain right of residence after divorce

Posted: Tue May 18, 2010 8:57 am
by Pakhtoon
raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.

Posted: Tue May 18, 2010 9:25 am
by Wanderer
And another one lasted just over the required three months, wonder where the the OP is from?

Anyway, rule is three years marriage, one of which in UK, if the EEA national is from an A8 State, did she register with the WRS?

Posted: Tue May 18, 2010 11:32 am
by 677ano
Hmm very interesting with all this 3 years+ marriage and divorce

Re: retain right of residence after divorce

Posted: Wed May 19, 2010 10:47 am
by raoulll
raoulll wrote:hi everybody,i post in this forum hoping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my question is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of wedding till the end of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.

thank you Pakhtoon for your help but is not that help i'm looking for


come on sombody else, i need help here!!

Re: retain right of residence after divorce

Posted: Thu May 20, 2010 10:40 am
by irric
Pakhtoon wrote:
raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.

Hey pakhtoon either help people properly or say nothing at all......
Did no one told u this ever...........
U and some others...... saying like
"another one with just three months over required period"
Better be glad that u are not on his place.....

But who knows history repeat itself.............

Posted: Thu May 20, 2010 10:54 pm
by mrlookforward
Wanderer wrote:And another one lasted just over the required three months, wonder where the the OP is from?

Anyway, rule is three years marriage, one of which in UK, if the EEA national is from an A8 State, did she register with the WRS?
If she was not registered on WRS then OP wouldnt have got 5 years eea permit or whatever its called. :)

Posted: Mon May 24, 2010 11:13 am
by troubled
You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.

Posted: Mon May 24, 2010 11:54 am
by raoulll
troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working
thank u for ur time

Posted: Mon May 24, 2010 12:27 pm
by mrlookforward
raoulll wrote:
troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working
thank u for ur time
that is the whole point of right of retention, that later on you can apply for PR

Posted: Mon May 24, 2010 10:23 pm
by raoulll
mrlookforward wrote:
raoulll wrote:
troubled wrote:You need to provide documents that your ex was exercising treaty rights from the time you were together and more importantly documents(eg P60,wageslips, tenancy agreements, utility bills,joint statements etc) from the time you initiate the divorce proceedings to the time decree absolute was granted. But you the marriage should have lasted for three years and one of you staying in UK for at least one year.
thank you for your response
but if i submit her documents covering period from the time i fill the pitition of divorce till the time decree absolute was garanted may have retain my right of residence but not my PR which i'm due to apply in 2 years from now(3 y with my ex+2 y alone)where i have to show them that she was exercing treaty right along this 3 years
or it's enough to apply for PR just with my new status(retain right of residence) +2 y i'm working

thank u for ur time
that is the whole point of right of retention, that later on you can apply for PR
i want know from now what i have to submit later on when i apply for PR?

Posted: Mon May 24, 2010 10:59 pm
by troubled
raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted[/quote]

Posted: Tue May 25, 2010 11:06 am
by raoulll
troubled wrote:raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted
[/quote]

my problem now
if i get my right of residence (after submit her documents) which she is willing to help me now ,do i have to submit her document again when i apply for PR(2 Y time)which i'm not sure if she going to help me again and give me her document for the second time.

Posted: Wed May 26, 2010 11:50 am
by raoulll
raoulll wrote:
troubled wrote:raul111 what is your problem now? You have resident card , aren`t you? Your next stage will be PR ,retaining right of residence is the eea regulaltion 15(a) and 15(b) ,PR is the sticker to confirm your status.The documents as already said will be your p60`s for the 5-year period together with your ex wife , at least three of hers to prove that she exercised her treaty rights before you divorced.More importantly from the time the divorce proceedings began to the time decree absolute was granted
let me reform my question
if i retain my right of residence after showing that my x exercised her treaty rights for all the 3 y and 3 m(all the periode till the end of divorce)
do i have to show her documents again when i apply for PR after 2 y from now?

Posted: Wed May 26, 2010 12:53 pm
by mrlookforward
NO. But remember, its the period upto the start of divorce proceeding.

Posted: Thu May 27, 2010 8:42 am
by raoulll
mrlookforward wrote:NO. But remember, its the period upto the start of divorce proceeding.
what do you mean no?!
is it enough i show them she was exercing her treaty right only the start of divorce till the end for get my retain right of residence
and after 2 years i show them only i worked the last 2 y and i get my PR

thank u for ur time

Posted: Thu May 27, 2010 11:24 am
by mrlookforward
You need the proof that you spouse was exercising treaty rights for three year on or before the date divorce proceedings started.

Re: retain right of residence after divorce

Posted: Tue Jun 15, 2010 12:37 am
by edinburgh
deleted

Re: retain right of residence after divorce

Posted: Tue Jun 15, 2010 10:29 am
by bobobo
Seriously guys just ignore pakhtoon, some people just cant get this right and dont understand that they are here to help others and not mock them. We are here not to write in Kings or Queens english but to get questions answered and answer questions.
I suggest just ignore his comments and move on...

On a seperate note Raoulll check this post out and it may make things clearer:
http://www.immigrationboards.com/viewtopic.php?t=58493
edinburgh wrote:
Pakhtoon wrote:
raoulll wrote:hi everybody,i post in this forum hopping someone can help me
this is my situation so far
-get married on uk to an eea in 01/07(i'm not eea)
-card residence issued in 07/07(6 months waiting time)
-lost my passport with the CR on it in 04/2008
-reapply for CR in 06/2008
-CR issued in 04/2009(almost one year waiting time)
-fill divorce petition in 04/2010(married for 3y+3m)
my x she accept to help me after she apply for her PR (due 08/2010)

my quation is what document i need to send for retain my right of resident
-proof of my x working from the date of divorce till the end and i working after that
OR
-proof of my x working from the date of widding till the and of divorce(3y+3m) and i'm working after that

and if i'm going to apply in the same time she apply for her PR is it enough to send justified copies of my x pays slip,p60 and reference number of her application

thank you for your time.
Hopping -> Hoping
Quation -> Question
Widding -> Wedding
And of Divroce -> End of Divorce

Sorry a bit busy at work today so can't do the grammer corrections for you but the above were bugging me too much !

As for your question, did you bother to do any search on the forum before posting ? this same question has been asked and answered a million times.
you need to get your 'grammer' right first, pal, to be so cheeky to correct others. not grammer but grammar. and we don't 'do' 'grammer' corrections, but make corrections. and in this contexts, to 'do' or make 'grammer'/grammar corrections sounds a bit weird.

not everyone can spell, ye ken.

dixit.

Posted: Tue Jun 15, 2010 11:53 am
by sleeper
Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.

Posted: Tue Jun 15, 2010 7:19 pm
by mego_1980
sleeper wrote:Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.
Hi Sleeper,

Did they ask you for more documents ? How many years they gave you to retain your rights? you have said you send letter confirming your ex employmet , do you mean accountant letter (is she self employed)? Have you got 5 years resident card before you apply to retain your rights?

Thanks

Posted: Tue Jun 15, 2010 11:12 pm
by raoulll
[
quote="sleeper"]Just to let everyone who is interested know, that I retained my rights of residence.

hi sleeper,congratulation about your new status.
Documents sent to HO: 2. Letter confirming my ex employment for a year before decree absolute is issued. Any questions, please ask…
i jus want to know,that the only prove you sent to HO about you x wife was exercing her treaty right it's one employee letter confirming that she was working for one year and nothing else!!!

3.
My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).
which periode those p60's+payslips are for?

Posted: Wed Jun 16, 2010 9:51 am
by sleeper
To Mego: No they didn’t ask for more docs. 5 years RC. Letter confirming her employment. Yes I had 5 years RC before I applied.

To Raoulll: Yes just one letter and her WRS registration certificate. P60 for 4 years + all payslips (4 years).

If anyone knows..Do I have to pay for shengen visa now as I am no longer dependant on my spouse, but hold the same RC as I had before (5 years RC). What are the docs do I need to submit to French embassy in my case? Are there any EC countries I can travel without obtaining shengen visa?

Posted: Wed Jun 16, 2010 10:21 am
by kellyman
If anyone knows..Do I have to pay for shengen visa now as I am no longer dependant on my spouse, but hold the same RC as I had before (5 years RC). What are the docs do I need to submit to French embassy in my case? Are there any EC countries I can travel without obtaining shengen visa?[/quote]

yea you have to pay for schengen now as you are no longer a family member of an EEA. you are now on your own and i think if you want to study too you wont be classified as a 'home student' till you secure your PR.

BUT THE GOOD THING IS YOU ARE COMPLETELY INDEPENDENT NOW :wink:

Posted: Wed Jun 16, 2010 11:22 am
by raoulll
sleeper wrote:Just to let everyone who is interested know, that I retained my rights of residence. Application form sent in January 2010 received mid June 2010 (4.5 month waiting). Documents sent to HO: 1. Passport + EEA2 form + covering letter 2. Letter confirming my ex employment for a year before decree absolute is issued. 3. My P60’s + payslips 4. Decree absolute. 5. Bills, bank statements, credit card statements and other docs (both names).

Any questions, please ask…

Good luck to everyone and thank you for your advice.

thank u for you reply,let me ask u some questions if you don't mind
when are you going to apply for PR?
if you are going to use EEA4 FORM,how you are going to prove you were working for 5 years?correct me if i'm wrong
the last 4 years you were married to eea national and if you submit you p60's,payslips for these years you need to have comprehencive inss.

thank you in advance.