Right way of applying for Retained Rights of Residence

[Youngeagle]

Hello Everyone,

I read the rules of the UKBA from which I understood that the non EU spouse has to be married for at least 3 years before the divorce procedure started and live in the UK for at least 1 year. Also the EU spouse has to work at least for 1 year in the UK and at the time of the Decree absolute the EU spouse DOES NOT have TO EXERCISE TREATY RIGHTS as long as NON EU spouse ( the person who applies for ROR) can show he is satisfying the conditions.

TREATY RIGHTS as NON EU
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

7.1 Retention of the right of residence following divorce or annulment of
marriage/dissolution of civil partnership


A person who ceases to be a family member of an EEA national who is a qualified
person or who has acquired permanent residence on termination of a marriage or civil
partnership will retain a right of residence if:

the marriage or partnership lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and
the parties to the marriage or civil partnership had resided in the UK for at least
one year during the duration of the marriage or civil partnership, or
the former spouse or civil partner of the qualified person has custody of the
children or a right of access to the children in the UK, or
there are particularly difficult circumstances (such as domestic violence)
justifying the retention of the right of residence.

In such circumstances a family member retains a right of residence if:

(a) S/he is a non-EEA national but is pursuing activity which would make
him/her a worker or a self-employed person if s/he were an EEA
national,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker,
self-employed, or is a self-sufficient person.

See Regulation 10(5) of the 2006 Regulations for more information.

[askmeplz82]

the EU spouse DOES NOT have TO EXERCISE TREATY RIGHTS as long as NON EU spouse ( the person who applies for ROR) can show he is satisfying the conditions.

only if an EU national self sufficient with the income of non eu national and they buy health insurance

[Youngeagle]

But if Self sufficient, how much money do you need?

[Youngeagle]

Is there anyway to apply without EU national. I keep texting my wife and she is silent at present. How can I get a proof?

[Youngeagle]

Good morning, what's the amount to be self sufficient and how is that proved? Also you can buy the insurance now or should have done it earlier?

[Youngeagle]

She owned a number of companies and owned, I do not know if she traded or trades. What is the solution ? To come and my knees and beg? Where is the fairness and human rights....

[Youngeagle]

Can you please reply?

[askmeplz82]

Are you already divorced or Divorce finalised ?
You can't just buy an insurance and be self sufficient it's doesn't work like that. And if you are already divorced then there is no way you can do it

check this website. there many websites you can check the company information. The company need to be active and trading on the date of divorce finalised for you to qualify for PR

http://www.companieshouse.gov.uk/toolsT ... Info.shtml

[Youngeagle]

Hello,
So the EU national has to be active throughout the time of the marriage time?
Also how can i Show that the company is active? you have to submit some documents?
I have now idea if she shows profit or not, but I am 100% sure she does business.

Regards

[askmeplz82]

I am not 100% sure but i think you can get limited companies financial record
check this one out

http://wck2.companieshouse.gov.uk//wcfr ... ompanyInfo

you may ask an accountant or may be someone in this section can help you

http://www.immigrationboards.com/uk-tie ... eur-visas/

ROR requirement :

check the UKBA reply

https://www.whatdotheyknow.com/request/ ... ce_card_af