RoR minimum document set and misc questions

[pancakes123]

Hi all,

Sorry to create yet another RoR thread, but having read through most of the recent relevant topics and still very confused.

My soon-to-be-ex wife is an EEA citizen, I'm not. Married for 3+ years, 2.5 years in the UK, I work here for 2 years, she just got a job this June.

Currently I'm preparing divorce papers and want to apply for RoR right after I'll have a decree absolute on my hands. Understandably want this to go as smoothly as possible.

1) Is there anything I can do during the divorce procedure to strengthen my case? I.e. does "grounds for divorce" or anything else matter?

2) We're not on the best terms with my wife. What is the minimum set of documents I should get from her for my application to succeed? I doubt she will give me her p60 or bank statements or something similarly extensive.

3) What is a correct form for applying for RoR? Can't find anything on UKBA's site. Is it EEA2? EEA4? SET(M)? SET(O)?

4) Is there any fixed timeframe I have to hit? I understand that as soon as I'm divorced - I have to leave the country, so do I have to apply the same day/week/year I get a decree absolute?

Sorry if any of these questions are stupid/obvious, but after spending 2 days on *.gov.uk I feel that I know even less than in the beginning, hehe. Will really appreciate any feedback.

[askmeplz82]

1. is it domestic violence? if not then no

2. Your / her proof of address for 1 year ( i believe you lived in the same address )

Decree absoulate certificate

Her Payslip / letter from the employer or anything proof that she is working
on the day of divorce finalised

Your payslip after divorce

3. EEA2 for you because less then 5 years

4. You don't leave country and you don't have to. You can apply after 2/3 days

[pancakes123]

2. Your / her proof of address for 1 year ( i believe you lived in the same address )

Thank you very much for such a complete answer!

Can you please clarify, when talking proof of address - should it be some consecutive documents for each month, or just some one thing dated 1+ year ago? And if so - can this be a rental agreement where she is listed? Thanks!

[askmeplz82]

2. Your / her proof of address for 1 year ( i believe you lived in the same address )

Thank you very much for such a complete answer!

Can you please clarify, when talking proof of address - should it be some consecutive documents for each month, or just some one thing dated 1+ year ago? And if so - can this be a rental agreement where she is listed? Thanks!

at least 2 is good

Bank statement, Utility bills

like for Bank statement you don't need to send for every months. Just send 4/5

Eg. Jan , April, Aug, Dec

[poltrade]

HI
PLEASE BY YOUR ANSWER YOU GOT MY ATTANTION YOU SAID
(Her Payslip / letter from the employer or anything proof that she is working
on the day of divorce finalised )
IM GOING THROUGH ROR.
AND YOU SAID SHE SHOULD WORK IN THE DAY OF DIVORCE FINALISED..
SO MY QUSTION IS THAT MY EX WORKING EVERY WEEKEND SO THIS MEAN SATERDAY AND SUNDAY SO WHAT IF MY DIVORCED FINALISED IN MONDAY OR THURSDAY IN HER OFF DAY ??IS THIS MEAN I CANT GO AHEAD IN MY ROR ?????

[askmeplz82]

HI
PLEASE BY YOUR ANSWER YOU GOT MY ATTANTION YOU SAID
(Her Payslip / letter from the employer or anything proof that she is working
on the day of divorce finalised )
IM GOING THROUGH ROR.
AND YOU SAID SHE SHOULD WORK IN THE DAY OF DIVORCE FINALISED..
SO MY QUSTION IS THAT MY EX WORKING EVERY WEEKEND SO THIS MEAN SATERDAY AND SUNDAY SO WHAT IF MY DIVORCED FINALISED IN MONDAY OR THURSDAY IN HER OFF DAY ??IS THIS MEAN I CANT GO AHEAD IN MY ROR ?????

LOL you mis understood me : as long she is employed on the day divorce finalised

so just send a Payslip or employer letter after divorce finalised that's all

[SouthWest1]

askmeplz82:

I think you forget to mention the most crucial point.
he needs to provide evidence of his EU Spouse exercising treaty rights during the marriage. i.e, in the previous 3 years.

the main concern is what the OP said :"she just got a job this June."

So the question is what has she been doing for the last 3 years? was she a student, self employed...etc?

[Jambo]

askmeplz82:

I think you forget to mention the most crucial point.
he needs to provide evidence of his EU Spouse exercising treaty rights during the marriage. i.e, in the previous 3 years.

the main concern is what the OP said :"she just got a job this June."

So the question is what has she been doing for the last 3 years? was she a student, self employed...etc?

There is no such requirement to retain rights.
It might affect when he could apply for PR.

[askmeplz82]

askmeplz82:

I think you forget to mention the most crucial point.
he needs to provide evidence of his EU Spouse exercising treaty rights during the marriage. i.e, in the previous 3 years.

the main concern is what the OP said :"she just got a job this June."

So the question is what has she been doing for the last 3 years? was she a student, self employed...etc?

I read lots of thread on ROR cases in this forum and found to be honest almost all the ROR application refused just because NON EEA national didn't submit EEA national exercise treaty right until divorce finalised.

even if an EEA national worked lets say 2.5 years then stopped working and started divorce proceeding . NON EU national may not retain his/her right if he/she can't prove EEA national was exercising treaty right until decree absolute


on the other hand if an EEA national worked for 1 year after marriage then didn't work for 2 years but before divorce initiation found a new job and continue working until Decree absolute then NON EEA national will retain his/her right of residence

[poltrade]

hi again
i am applying EEA2 to retain my right and I am awaiting the decree absolute.
we have been married since 2004
we moved to the UK in 2006
my wife was in and out of employment from 2006-2010
she has been working part time since 2010 until now
so my question is:
do i have to proof that she exercised her treaty rights from year 2006 or only for the past 3 years?

I am sending the following
her passport
my passport
proof of her employment for the past 3 years until present
proof that we were living together in the UK for a period of 1 year
proof of my full time employment for the last 5 years until now
- would that be sufficient?

Please note that I did not apply for the EEA 4 because we didnt meet the criteria and we have no proof of private health insurance.


thanks

[SouthWest1]

There is no such requirement to retain rights.
It might affect when he could apply for PR.[/quote]


Thanks Jambo and it is true but i think ROR is still a gray area and HO tend to find excuses if some documents are missing.

If the OP has the documents, its fine . if not, then that's a different story.

[pancakes123]

if an EEA national worked for 1 year after marriage then didn't work for 2 years but before divorce initiation found a new job and continue working until Decree absolute then NON EEA national will retain his/her right of residence

Wow, this is really good news, thanks! =)