Advice on ROR - please help

[Ann.079]

I have just gotten my decree absolute after a very difficult married life and would like to apply for retention of rights. And I have been reading though the required documentation.

We were married for almost 4 years, I was putting up with him till I get my PR but he was constantly cheating hence I had to file for div. we lived in UK all through this time.

I have a problem My ex is not wanting to release any of his latest work docs(invoices) he is self employed.or bank statements.

We didn't have joint bank accounts, and he does online banking hence no paper statements. He insists he is not requesting any statement from his bank to support my application. And can only give me what he had on hand before divorce and never to get in touch again..

I have also pleaded with him to get a letter from his accountant to support my application, he turned it down.

I am really depressed.that marriage caused me so much grief and is still.

I have a very good job.

So the docs I have are:

1) Ex 4 year SA statements running through to FY 2012/2013

2) NI contributions for last 4 Years

3) Over 2 years utility bills in both names ,

4) Official letters from Electoral roll, store cards , TV licence in ex.'s name.

4) My payslips , P-60s (I have well enough)

5) My bank statements showing my salary being paid in

6) Decree absolute

Do I stand a chance here with my application. Has anyone applied ROR based on ex that is self employed.

Another question is if I should send in the application my self or use a solicitor, has anyone done this on their own.

I really need great advise from the great people in this forum. U guys does a great job indeed.

Thank you for your advice in advance.

[askmeplz82]

it's good that you have all the required documents for last 4 years


3 Main requirement for ROR


- Prior initiation of divorce,marriage lasted at least three years.

-Non EEA national resided in the UK with qualified EEA national at least one of those three years.

- EEA national is a qualified person at the time of divorce and non EEA national is a qualified person after divorce.


but to be honest in this forum i found almost all the ROR refused with right to appeal for one very simple reason that is... 3rd one

You need to prove that EEA national was exercising treaty right during divorce . So from divorce initiation - divorce finalised . or at least on the date to decree absolute

if you prove that then you will be alright

[Ann.079]

it's good that you have all the required documents for last 4 years


3 Main requirement for ROR


- Prior initiation of divorce,marriage lasted at least three years.

-Non EEA national resided in the UK with qualified EEA national at least one of those three years.

- EEA national is a qualified person at the time of divorce and non EEA national is a qualified person after divorce.


but to be honest in this forum i found almost all the ROR refused with right to appeal for one very simple reason that is... 3rd one

You need to prove that EEA national was exercising treaty right during divorce . So from divorce initiation - divorce finalised . or at least on the date to decree absolute

if you prove that then you will be alright

Any idea on docs that can be used as proof of exercising treaty right during the time leading to divorce absolute? I presume invoices as in case of a Self-employed person

[Obie]

Business account, Tax assessment, accountant letter, invoices issued to clients, tax payment receipt, lease for business premesis.

How long has this guy been in UK for.

[Imshzd]

Can you let us know the date of initiation of divorce proceedings?

[Ann.079]

Business account, Tax assessment, accountant letter, invoices issued to clients, tax payment receipt, lease for business premesis.

How long has this guy been in UK for.

He has been here for just over 5 years

I don't have any of his bank accounts, he won't give me anything else. He grudgingly gave me his SA statements, self assessments, NI contribution for past 4 years. His business is not that well established so doesn't have a business account or dedicated business premises. He is a handyman.

I know his accountant , I can approach him and explain my situation to see if he can give me a letter or something.

[Ann.079]

Can you let us know the date of initiation of divorce proceedings?

Divorce was initiated 6 months ago

[Imshzd]

Can you let us know the date of initiation of divorce proceedings?

Divorce was initiated 6 months ago

Your application will be fine with the above documents.
Add accountants letter as well.

[Obie]

The financial year for 2012/2013 ended Nearly 7 months ago. In my opinion, you will need evidence that he has continued trading in 2013 which will be reflected in tax year 2014.

Someone can cease trading in Nov 2012 and obtain a self assessment for 2012/2013. This does not, in any way indicates they were qualified at the relevant period.

In the absence of an accountant letter, with his permission or invoices issued to clients, orbusiness account, I am of the view that you will encounter difficulties along the way.

[Ann.079]

The financial year for 2012/2013 ended Nearly 7 months ago. In my opinion, you will need evidence that he has continued trading in 2013 which will be reflected in tax year 2014.

Someone can cease trading in Nov 2012 and obtain a self assessment for 2012/2013. This does not, in any way indicates they were qualified at the relevant period.

In the absence of an accountant letter, with his permission or invoices issued to clients, orbusiness account, I am of the view that you will encounter difficulties along the way.

I quite agree. as FY 12/13 covers period April 2012- march 2013. So I need to prove that he is working April 2013 till decree absolute.

I don't know why he is just happy tormenting me. if he doesn't give me his invoices which he swore he won't as he wants to frustrate me. I don't know what to do. Can his accountant state he is working, I don't even know what I will be asking and I guess the accountant will need his approval.

Is there any way out ?

[Obie]

There may well be depending on the individual circumstance of your case and the nature og the self employed avtivity that he is engaged in.

[vinny]

If refused, then appeal. Ask the tribunal to help.