Retained Right of Rseidence

[ayred1975]

Hi everyone, I have been married for 13 years and being separated last two years.I want to divorce now and was told that I can apply for ROR after divorce.I have checked the application form and saw that I have to provide that proof of address for the years that we have lived together, unfortunately, do not keep any documents. Can anyone advise me on this what would be my options? Thank you in advance for any help.

[Hstepper07]

Hi everyone, I have been married for 13 years and being separated last two years.I want to divorce now and was told that I can apply for ROR after divorce.I have checked the application form and saw that I have to provide that proof of address for the years that we have lived together, unfortunately, do not keep any documents. Can anyone advise me on this what would be my options? Thank you in advance for any help.

Hi. You will need to provide more information.
Where you married to an EEA national who was exercising treaty within the 13yrs? If your EEA national was exercising treaty right for any 5 yr qualifying period within the 13yrs, you will not need to retain your right of residence. You only retain your right when you divorce after you have been married and exercised treaty rights for less than 5 years and met some other conditions.
You do not have to live together in the uk as long as you were married and partner was exercising treaty right. You however need to provide a required level of documentation. If you do not have any documentation as you said, HO will be reluctant to issue you with any residence documentation.

[ayred1975]

Thank you for the reply.I have married in Turkey. He is working right now, but not continuously five years. He was working till 2011 without WRS and there were gaps in employment again.I have issued family permit in 2004 and twice residence card. As i said i do not have any official documents that can provide prrof of residence when we are living together, we lived in house shares,did not pay any bills.Thankyou

[Obie]

In 13 years marriage, you have no joint bank statement, no joint tenancy agreement, no HMRC documents addressed to him? How did you secure the 2 Residence Card? What proofs did you provide?

[ayred1975]

Thank you, Obie.Correct me if I am wrong but I think when I apply in 2012for the second one and the first one and there was not a requirement for the proof of address in the application forms. I have only provided proof of address when I apply for a family permit from Turkey and it was a tenancy agreement. we have left the place after a year, and never kept agreement.

[ayred1975]

They were just asking to provide the marriage certificate and proof of working. I think it was not a requirement to provide neither the current nor past previous addresses.

[Obie]

It is a requirement for retention to demonstrate that you both resided in the UK for a year at least.

If you can't show any evidence of living in a common household, an inference will be drawn that your relationship was one of convenience.

Furthermore you will not be able to demonstrate 1 year residence in the UK.

[Hstepper07]

They were just asking to provide the marriage certificate and proof of working. I think it was not a requirement to provide neither the current nor past previous addresses.

Your partners payslip can cover proof of residence in addition to your bank statement is your EEA partners payslips. Pay slips and bank statement can cover 1 yr plus residence in UK

You will also need your original IDs/passports, proof of your partner exercising treaty at the time divorce is finalised. Proof of you exercising treaty (excluding job seeker) from the time your divorce is finalised.

At PR stage, it will be a combination of you and partner exercising treaty rights for the 5yr qualifying period.

[ayred1975]

Thank you. I can provide one year residence for myself. I cant provide proof of living together as we never have joint accounts or tenancy agreements.i have a letter one of his employer that stating he has been working there for full time 2 years(dated 2007), do you think can this be acceptable as a one-year residence in UK. Also, Obbie is it possible for me to switch to Turkish worker visa, i have been working for the same employer last two years.Thank you

[ayred1975]

They were just asking to provide the marriage certificate and proof of working. I think it was not a requirement to provide neither the current nor past previous addresses.

Your partners payslip can cover proof of residence in addition to your bank statement is your EEA partners payslips. Pay slips and bank statement can cover 1 yr plus residence in UK

You will also need your original IDs/passports, proof of your partner exercising treaty at the time divorce is finalised. Proof of you exercising treaty (excluding job seeker) from the time your divorce is finalised.

At PR stage, it will be a combination of you and partner exercising treaty rights for the 5yr qualifying period.

Thank you for the advise.

[ayred1975]

It is a requirement for retention to demonstrate that you both resided in the UK for a year at least.

If you can't show any evidence of living in a common household, an inference will be drawn that your relationship was one of convenience.

Furthermore you will not be able to demonstrate 1 year residence in the UK.

Thank you

[Obie]

You may qualify under the Ankara agreement. But with brexit, one does not know how secure that will be.

[ayred1975]

Thank you so much for all the help.