EEA-Retain Rights Update from HO-Query

[bobobo]

Hi,
Married for 3.5 years, Divorced now, Lived in UK all this time and both of us worked for all this time in the UK.

I had applied for retaining my rights after divorce with an EEA National. I informed the HO about this by sending a copy of my and my ex spouse's passport (Couldnt send original as I was travelling). Proof of employment for both of us (from Before marriage until the Decree Absolute was granted) and some of my recent payslips. I sent this to the HO on the 12th of Jan. Yesterday I got my application back as rejected. In the letter enclosed I have been asked to provide a valid passport or an ID. The tricky part is it does not say if it is for me or for me + EEA national. The HO has also sent a photocopy of a document which states the documents that are needed for each kind of application.(Except for those applying for retaining their rights)

I am very sure that the EEA national will not help me with the application and will not give the passport. In this case do I just send my Passport to the HO with a covering letter stating that I have already been issued with an RC and I did produce my ex's passport at that time and Reference the European Caseworkers instructions where it clearly says that the HO will need to see the Proof of identity if an RC has NOT been issued previously(Chapter 5).

Any advice here would be very valuable to me as I am very lost and dont know what to do.

Many Thanks
Boby

[nanaaddo80]

HI bobobo,
I just want to ask when you got married and when decree absolute was given.Also did you send the ukba the decree absolute which form did you use.Can you list which documents they stated on your letter to add to your application.When were you given the RC and when does it run out?.
Thanks

[bobobo]

got married aug 06, divorced dec 09. I did not use any form just sent a covering letter along with photocopies of passports + original letters from employers for me and my ex. In the letter they just asked to me send the passport or valid ID. I am not sure if they wanted only mine or my ex's passport as well. rc issued in Nov 2007 runs out in nov 2012.

Hope this helps.

HI bobobo,
I just want to ask when you got married and when decree absolute was given.Also did you send the ukba the decree absolute which form did you use.Can you list which documents they stated on your letter to add to your application.When were you given the RC and when does it run out?.
Thanks

[BLK235]

When were divorce proceedings initiated?

[nanaaddo80]

Hi bobobo,
I see were the problem is thus,you sending copies of passport and also letters proving employment.Now from people who have done this retain rights after divorce sucessfully on this forum like juicybiscuit and merpheo,you need more than just employment letters
The whole essence of the ukba doing this is to establish the genuienness of the application and i quess what they require are p60s,payslips showing the excersise of treaty rights from both until date of divorce especially your ex wife.Utility bills, bank statements showing pay received in. Now about the passport, they mean your passport i quess since you are divorced.If you can get your ex wifes p60s or pay slip from aug 06-dec 09 plus utility bills showing you lived togather then i dont see any reason for them to regect your application if you re-submit.R.emember also you yourself has to be in continous employment after divorce
Thanks

[bobobo]

Divoce was initiated in September 09.
Hi nanaaddo80, Thanks for the information. I have my ex's letter of employment as he has been working in the same place for the last 6 years and the letter says that. I also have tenancy agreements, bank statements for both me and my ex, joint insurance documents, utility bills in my name, my p60's for the last 5 years.

I am not sure if I should send all this info now or waiut for them to ask me for all this information. What do you think?

Hi bobobo,
I see were the problem is thus,you sending copies of passport and also letters proving employment.Now from people who have done this retain rights after divorce sucessfully on this forum like juicybiscuit and merpheo,you need more than just employment letters
The whole essence of the ukba doing this is to establish the genuienness of the application and i quess what they require are p60s,payslips showing the excersise of treaty rights from both until date of divorce especially your ex wife.Utility bills, bank statements showing pay received in. Now about the passport, they mean your passport i quess since you are divorced.If you can get your ex wifes p60s or pay slip from aug 06-dec 09 plus utility bills showing you lived togather then i dont see any reason for them to regect your application if you re-submit.R.emember also you yourself has to be in continous employment after divorce
Thanks

[nanaaddo80]

Hi bobobo,
It will be better to resubmit your application and send them all of the documents you,ve listed that you have.If you do that, it will give you a sound and clear case.

[bobobo]

Hi nanaaddo80, What documents did you submit, just to give me an idea of the docs that are required.
Thanks

Hi bobobo,
It will be better to resubmit your application and send them all of the documents you,ve listed that you have.If you do that, it will give you a sound and clear case.

[nanaaddo80]

Hi bobobo,
I submitted the ff:
1.decree absolute
2.my passport and 2 pictures
3.council tax bill
4.BT bill,electric bills,water bills
5.my p60 and current wage slip until date of application,bank statement
6.my ex wifes p60s and current wage slip until divorce
7.our mortgage statement until divorce
8.Notification of divorce letter
I got and acknowledgement letter(COA)3 weeks after submission.

[bobobo]

Hi nanaaddo,
Thanks for all the vital information. I will keep you updated on the progress of my application and would be grateful if you can keep us updated as well. Since this is still a very grey area.
Thanks

Hi bobobo,
I submitted the ff:
1.decree absolute
2.my passport and 2 pictures
3.council tax bill
4.BT bill,electric bills,water bills
5.my p60 and current wage slip until date of application,bank statement
6.my ex wifes p60s and current wage slip until divorce
7.our mortgage statement until divorce
8.Notification of divorce letter
I got and acknowledgement letter(COA)3 weeks after submission.

[bobobo]

Hi, I have one more query in regard to the submission of docs to HO for retaining rights of residence.

I have a copy of my ex's Passport and RC (blue card) both attested by the police. Would it make sense to send this along with the application. The downside I see is that the HO might presume that if I can provide these I will also be able to provide the original documents.

I am sorry if this sounds stupid, but I am just trying to figure things out and any advice would be very helpful.
Thanks

[nanaaddo80]

Hi bobobo,
I see no reason why you should send them your ex blue card........be careful about doing this since a case worker might interpret it differently, thus,how are you able to produce that original document but not the rest.Do not give them chance to ask more questions.
Thanks

[bobobo]

Hi nanaaddo80,
Sorry for the confusion, but these are all photocopies and not original RC. since my ex is from the A8 countries I thought it was important for this card to be sent (As WRC kicks in). Also do you think I should NOT send any photocopies of my ex's passport or RC.

Thanks

Hi bobobo,
I see no reason why you should send them your ex blue card........be careful about doing this since a case worker might interpret it differently, thus,how are you able to produce that original document but not the rest.Do not give them chance to ask more questions.
Thanks

[nanaaddo80]

Hi bobobo,
Leave the copies out and send originals of what is required.Read the case work instructions chapter 5 and you will be fine.
Thanks

[bobobo]

Thanks Nanaaddo80 for your advice, all the best with your application

Hi bobobo,
Leave the copies out and send originals of what is required.Read the case work instructions chapter 5 and you will be fine.
Thanks

[irakra]

Hi,

they sent all your documents back only because you didn't send your passport. It's clearly stated on HO website that in case there is lack of any document they send everything back straight away. I bet they even didn't read you explanation letter. So that's the thing!!

[muzamal]

i am non eea national married to eea national but now we are going through difficult time in our marrige that we might end in divorce . we were married 3.5 years ago but i got my 5 years visa 2 years ago. can i apply for the retaintion of rights of stay in the uk. thanx