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any change in LAW for Retention of Right of Residence

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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newbee195
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any change in LAW for Retention of Right of Residence

Post by newbee195 » Tue Jun 26, 2012 1:06 am

change
Last edited by newbee195 on Tue Jun 25, 2013 2:45 am, edited 1 time in total.
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Jambo
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Post by Jambo » Tue Jun 26, 2012 1:17 am

UK immigration rules change. Not the EEA regulations.
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newbee195
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Post by newbee195 » Tue Jun 26, 2012 1:25 am

yes, but is there any change by UK immigration for EEA cases? because end of the day we are living in UK.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jun 26, 2012 2:06 pm

Here you go: http://www.freemovement.org.uk/2012/06/ ... gulations/
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newbee195
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Post by newbee195 » Tue Jun 26, 2012 2:44 pm

thanks Directive for the web link. I got these words in that page

"The retained rights of residence rules have been amended to include references not only to qualified persons but also to EEA nationals with a right of permanent residence."

do you understand/know something about the amendment to include references? or maybe you can tell me that where i can read about that amendment.

thanks
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AKDK
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Post by AKDK » Tue Jun 26, 2012 4:40 pm

Directive/2004/38/EC wrote:Here you go: http://www.freemovement.org.uk/2012/06/ ... gulations/

Directive/2004/38/EC

Thank you for the link. Would you be so kind to clarify if from now on when a person applying for ROR, she/he will have to prove that her ex-EEA partner had permanent residence at the moment when the marriage was terminated?
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Jambo
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Post by Jambo » Tue Jun 26, 2012 4:57 pm

AKDK wrote:
Directive/2004/38/EC wrote:Here you go: http://www.freemovement.org.uk/2012/06/ ... gulations/

Directive/2004/38/EC

Thank you for the link. Would you be so kind to clarify if from now on when a person applying for ROR, she/he will have to prove that her ex-EEA partner had permanent residence at the moment when the marriage was terminaLted?
Read the text again: "The retained rights of residence rules have been amended to include references not only to qualified persons but also to EEA nationals with a right of permanent residence."

The current legislation doesn't cover a case when the ex has a PR and hence doesn't need to exercise treaty rights. This change covers that option. It is an addition and not a change of rules.
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newbee195
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Post by newbee195 » Tue Jun 26, 2012 8:52 pm

Dear Jambo and Directive,

sorry for posting the question again and again as my english is not very good maybe to understand the exact mean.

i ask specifically about my situation, i'm going to divorce with my wife (she is an EEA national) after 3 years of marriage and we are living in UK about 2 years. And we both are working on fulltime permanent employment contracts. She does not have PR of UK (as she does not need PR to live an work in UK).

Here i would like to make clear for me that ,
1) Does it effect my application for RoR, that she does not have PR?
2) do I not need anymore to show her exercise of treaty rights during divorce period? or if it does mean something else. then please tell me that for what we are discussing "exercise treaty rights" ?

i will be very very thankful to Jambo, Directive or/and some other member. who can make me clear. as i'm very confused.

thanks in advance and looking forward for reply.........
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Jambo
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Post by Jambo » Wed Jun 27, 2012 12:22 am

Nothing changes in your case. The rules of RoR stay the same:

* you need to be married for at least 3 years, at least one of them in the UK.
*You need to show EEA national is exercising treaty rights until the divorce is final.
* You need to show that you are exercising treaty rights once the divorce is final.
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newbee195
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Post by newbee195 » Wed Jun 27, 2012 2:04 am

thanks very much
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cerrahpasalilar
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derivative

Post by cerrahpasalilar » Wed Jun 27, 2012 3:23 am

Directive/2004/38/EC wrote:Here you go: http://www.freemovement.org.uk/2012/06/ ... gulations/
Dear Directive/2004/38/EC
Could you please let me know what is the meaning of "derivative residence card" and which circumstances will this type of card be issued

Thank you
Kind regards
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askmeplz82
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Re: derivative

Post by askmeplz82 » Wed Jun 27, 2012 9:13 am

cerrahpasalilar wrote:
Directive/2004/38/EC wrote:Here you go: http://www.freemovement.org.uk/2012/06/ ... gulations/
Dear Directive/2004/38/EC
Could you please let me know what is the meaning of "derivative residence card" and which circumstances will this type of card be issued

Thank you
Kind regards
read this....................

http://www.legislation.gov.uk/uksi/2012/1547/made
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kool145
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Contact:
Contact kool145

Post by kool145 » Wed Jun 27, 2012 1:14 pm

Are they gong to change ROR card
Instead of says family member of eea
Into "derivative rc" ???
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newbee195
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Post by newbee195 » Wed Jun 27, 2012 6:49 pm

yep, good question. if somebody knows, and if YES, then what the difference will be between new and old.

thanks
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Guerro
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Post by Guerro » Wed Jun 27, 2012 10:21 pm

My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
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vinny
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Post by vinny » Wed Jun 27, 2012 11:05 pm

If you have to appeal, then see also here.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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newbee195
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Post by newbee195 » Thu Jun 28, 2012 10:37 am

it means. if someone's wife(EEA member) has got PR, then it is not good for EEA family member after divorce? am i right?
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askmeplz82
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Post by askmeplz82 » Wed Jul 03, 2013 9:52 am

Guerro wrote:My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
It so common . Not all Husband/wife stay as friend after divorce. Many really don't want to see ex anymore.

i wonder how a NON EU national can apply then if EU national not helping with documents and ID
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Imshzd
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Location: London

Post by Imshzd » Wed Jul 03, 2013 10:33 am

askmeplz82 wrote:
Guerro wrote:My ex holds a PR but will never help me though. Can I argue she is not helpful or what should I do?
We were married for more than 3 years and lived together in the UK for 3 years. I am working as well as herself
It so common . Not all Husband/wife stay as friend after divorce. Many really don't want to see ex anymore.

i wonder how a NON EU national can apply then if EU national not helping with documents and ID
Non EEA national can request to home office to check internally and externally EEA nationals treaty rights.
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waqas123
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Post by waqas123 » Thu Jul 18, 2013 2:29 pm

Imshzd.. do you have any case reference that court ordered in appeal that HO should contact HMRC to confirm that EU wife/husband was working during divorce? because after divorce my wife is not helping me regarding payslips?
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Imshzd
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Location: London

Post by Imshzd » Thu Jul 18, 2013 2:48 pm

waqas123 wrote:Imshzd.. do you have any case reference that court ordered in appeal that HO should contact HMRC to confirm that EU wife/husband was working during divorce? because after divorce my wife is not helping me regarding payslips?


http://www.freemovement.org.uk/2012/08/ ... nce-cases/
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