Retention of rights

[nauseated83]

Hi.
What is your status of the non eu national if the residence card has expired beyond five years and getting divorced now?
Will be applying for retention of rights but worried about the status meanwhile.

Also, eu national was working during divorce proceedings so is that the time period that i would need to provide information for.....or is it the whole five years?

help much appreciated. thanks

[Obie]

Under EU law, rights originate automatically without the need for a residence permit.

The residence permit only confirms the existence of the right .

[nauseated83]

Thanks.

Section 8 of EEA 4 form asks to supply information for the duration of the activities of both yourself and your sponsor .

My understanding so far about the documents is as such:

Divorce certificate---which is the proof that marriage lasted 3 years....5 in our case.
Id documents for both.
Proof of living together for a year....bank statements for joint account., phone bills etc for a year.

Proof non EU natioanal is exercising or trying to exercise treaty rights so as to say.

Proof of EU national exercising treaty rights ONLY from divorce initiation to finalisation? Pay slips etc OR am i mistaken?

If this is the case, then what do i put in section 8 where it asks for the acitvities for the last 5 years?

Thanks

[nauseated83]

Hi, Can someone please help me out with the form .

I have got my decree absolute now and am just filling up the form. In section 9 , it asks to fill in the relevant eea nationals activity since they entered the country.

I am a bit confused about this. I thought I was supposed to just write what they were doing during the divorce proceeding?

Any help would be appreciated. Thanks

[Nimitta]

The form EEA4 is for Permanent residence. Why are you trying to fill it in if as you say you are going to apply for retention of rights after divorce?

[vinny]

That's correct.

As Obie commented, you may have already automatically attained PR before your divorce. But you have to show that your ex. was a qualified person (or had attained PR) throughout your 5 year period together in the UK (at most up to when the divorce was concluded).

[nauseated83]

The form EEA4 is for Permanent residence. Why are you trying to fill it in if as you say you are going to apply for retention of rights after divorce?

Hey, Thanks for the reply.
Thats the same form I need to fill for rentention of rights ..or am i missing something here? It is definitely a retention of rights application.

[nauseated83]

That's correct.

As Obie commented, you may have already automatically attained PR before your divorce. But you have to show that your ex. was a qualified person (or had attained PR) throughout your 5 year period together in the UK (at most up to when the divorce was concluded).

Hey, thanks for your reply.
I am not sure and cannot provide enough evidence for the requirements for the whole 5 years. Hence I am applying for rentention of rights.
Am I not supposed to fill in the eea4 form? and If so, should i just send the evidence from decree nisi to absolute ?

Any help would be much much appreciated.

[vinny]

To show retention of right of residence (10), I think it requires Treaty right at time of divorce, 3 years of marriage, and at least 1 year residence in the UK. If this covers 5 years, then you may as well apply for confirmation of PR.

[nauseated83]

Thanks.
And for whatever reason, if I cant prove her exercising treaty rights for the entire duration of marriage, does that make my retention of rights application void?

We were seperated for a year prior to divorce, she has only agreed to give me proof of her exercising treaty rights for the duration of divorce.
I have our joint bank statements etc when things were all well and good.

So practically I only have evidence of marriage lasting 5 years, her exercising treaty rights for 4 odd year, and her exercising treaty rights during divorce. I have been employed throughtout.

Does that make me eligible for ror? Thanks

[vinny]

I think that you may ask the UKVI and the courts for help.

[noajthan]

Did you dig into the RoR doc provided above, ie this one:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 31+ if you have difficulties assembling your evidence

Find the RoR form via here:
https://www.gov.uk/family-permit/retain ... -residence

[Nimitta]

Am I not supposed to fill in the eea4 form? and If so, should i just send the evidence from decree nisi to absolute ?

For ROR you should feel in the EEA2 form.

[vinny]

If you have already spent 5 years in the UK as a family member of a qualified EEA national, then you may qualify for PR and therefore, confirmation of PR would be the correct form. The period of retention of right of residence may also be included in the 5 years, if applicable.

See also PM (EEA - spouse - 'residing with') Turkey [2011] UKUT 89 (IAC) (07 March 2011) (courtesy of Obie).

[nauseated83]

Did you dig into the RoR doc provided above, ie this one:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 31+ if you have difficulties assembling your evidence

Find the RoR form via here:
https://www.gov.uk/family-permit/retain ... -residence

Thanks a lot. I have had a thorough read through it. Much appreciated.

[nauseated83]

If you have already spent 5 years in the UK as a family member of a qualified EEA national, then you may qualify for PR and therefore, confirmation of PR would be the correct form. The period of retention of right of residence may also be included in the 5 years, if applicable.

See also PM (EEA - spouse - 'residing with') Turkey [2011] UKUT 89 (IAC) (07 March 2011) (courtesy of Obie).

Much much appreciated.
I shall have a read through it and then hopefully send in the application next week.