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EEA2 / Divorce / Travelling

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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deepway
Newly Registered
Posts: 4
Joined: Wed Apr 27, 2016 9:56 pm

EEA2 / Divorce / Travelling

Post by deepway » Wed Apr 27, 2016 10:04 pm

Dear board members,

I'm seeking an advice to travel Pakistan,

1. I have valid EEA2 visa until april 2017.
2. I got divorced from my Ex-Wife after 5 and half years of marriage on December 2014. ( I got absolute divorce).
3. I applied for PR which was refused and after long wait I received appeal hearing date at court in July 2016.
4. I've informed Home Office about my divorce well before they refused my PR application.

I need to travel back home. will i get stuck when i come back to UK.

Please advice.

Many Thanks

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: EEA2 / Divorce / Travelling

Post by member » Thu Apr 28, 2016 2:49 am

deepway wrote:Dear board members,

I'm seeking an advice to travel Pakistan,

1. I have valid EEA2 visa until april 2017.
2. I got divorced from my Ex-Wife after 5 and half years of marriage on December 2014. ( I got absolute divorce).
3. I applied for PR which was refused and after long wait I received appeal hearing date at court in July 2016.
4. I've informed Home Office about my divorce well before they refused my PR application.

I need to travel back home. will i get stuck when i come back to UK.

Please advice.

Many Thanks
What is the reason of refusing your PR application?

secret.simon
Moderator
Posts: 11529
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA2 / Divorce / Travelling

Post by secret.simon » Thu Apr 28, 2016 3:04 am

The EEA2 visa/Residence Card was only valid while you were the spouse of an EEA citizen. When your divorce became absolute, so did your Residence Card terminate.

When did you get married? When did you move to the UK? When did you divorce and when did you apply for PR?

Did you file for RoR (retained right of residence) before the divorce was made absolute? Alternatively, did you complete five years of residence in the UK while you were married?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

deepway
Newly Registered
Posts: 4
Joined: Wed Apr 27, 2016 9:56 pm

Re: EEA2 / Divorce / Travelling

Post by deepway » Sat Apr 30, 2016 3:19 am

member wrote:
deepway wrote:Dear board members,

I'm seeking an advice to travel Pakistan,

1. I have valid EEA2 visa until april 2017.
2. I got divorced from my Ex-Wife after 5 and half years of marriage on December 2014. ( I got absolute divorce).
3. I applied for PR which was refused and after long wait I received appeal hearing date at court in July 2016.
4. I've informed Home Office about my divorce well before they refused my PR application.

I need to travel back home. will i get stuck when i come back to UK.

Please advice.

Many Thanks
What is the reason of refusing your PR application?
Immigration officer refused on two grounds,

1st. he didn't consider my divorce, even I have informed Home Office by sending letters, Inform in person when they call me on interview and when immigration officers visits my home.

2nd, they said the Tax returns copy i sent to them are in photocopy not original from HMRC.

deepway
Newly Registered
Posts: 4
Joined: Wed Apr 27, 2016 9:56 pm

Re: EEA2 / Divorce / Travelling

Post by deepway » Sat Apr 30, 2016 3:25 am

secret.simon wrote:The EEA2 visa/Residence Card was only valid while you were the spouse of an EEA citizen. When your divorce became absolute, so did your Residence Card terminate.

When did you get married? When did you move to the UK? When did you divorce and when did you apply for PR?

Did you file for RoR (retained right of residence) before the divorce was made absolute? Alternatively, did you complete five years of residence in the UK while you were married?
I've already applied for Permanent Residence Card, my solicitor suggested me that i will get visa in appeal as we have updated home office about change of circumstances.

My divorce become absolute in Dec 2014.

In refusal Home office stated, I don't need to Leave UK at its valid until 2017 sep.

I got married in may 2006.

I came to UK in 2006 april.

I applied PR in Aug 2014. got divorced at end of same year.

Yes, we had divorced after 5 and half years of marriage and informed home office by filling the application form and updated in time but in refusal home office stated they are not considering change of circumstances which is not right. i guess.

(all i need to go to Pakistan for a month for personal reason and come back before my hearing date).

(i aslo called home office EU ... 0300 123 2253 and they said i can go and come back without any problem but they didn't agree to give it in writing).

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: EEA2 / Divorce / Travelling

Post by member » Sat Apr 30, 2016 3:40 am

deepway wrote:
secret.simon wrote:The EEA2 visa/Residence Card was only valid while you were the spouse of an EEA citizen. When your divorce became absolute, so did your Residence Card terminate.

When did you get married? When did you move to the UK? When did you divorce and when did you apply for PR?

Did you file for RoR (retained right of residence) before the divorce was made absolute? Alternatively, did you complete five years of residence in the UK while you were married?
I've already applied for Permanent Residence Card, my solicitor suggested me that i will get visa in appeal as we have updated home office about change of circumstances.

My divorce become absolute in Dec 2014.

In refusal Home office stated, I don't need to Leave UK at its valid until 2017 sep.

I got married in may 2006.

I came to UK in 2006 april.

I applied PR in Aug 2014. got divorced at end of same year.

Yes, we had divorced after 5 and half years of marriage and informed home office by filling the application form and updated in time but in refusal home office stated they are not considering change of circumstances which is not right. i guess.

(all i need to go to Pakistan for a month for personal reason and come back before my hearing date).

(i aslo called home office EU ... 0300 123 2253 and they said i can go and come back without any problem but they didn't agree to give it in writing).
Does the refusal letter state that your EEA RC is valid until Sep 2017?

deepway
Newly Registered
Posts: 4
Joined: Wed Apr 27, 2016 9:56 pm

Re: EEA2 / Divorce / Travelling

Post by deepway » Sat Apr 30, 2016 5:53 am

member wrote:
deepway wrote:
secret.simon wrote:The EEA2 visa/Residence Card was only valid while you were the spouse of an EEA citizen. When your divorce became absolute, so did your Residence Card terminate.

When did you get married? When did you move to the UK? When did you divorce and when did you apply for PR?

Did you file for RoR (retained right of residence) before the divorce was made absolute? Alternatively, did you complete five years of residence in the UK while you were married?
I've already applied for Permanent Residence Card, my solicitor suggested me that i will get visa in appeal as we have updated home office about change of circumstances.

My divorce become absolute in Dec 2014.

In refusal Home office stated, I don't need to Leave UK at its valid until 2017 sep.

I got married in may 2006.

I came to UK in 2006 april.

I applied PR in Aug 2014. got divorced at end of same year.

Yes, we had divorced after 5 and half years of marriage and informed home office by filling the application form and updated in time but in refusal home office stated they are not considering change of circumstances which is not right. i guess.

(all i need to go to Pakistan for a month for personal reason and come back before my hearing date).

(i aslo called home office EU ... 0300 123 2253 and they said i can go and come back without any problem but they didn't agree to give it in writing).
Does the refusal letter state that your EEA RC is valid until Sep 2017?
YES, it stated you don't need to leave UK.

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