Retained Right of Residence in the UK after divorce?

[zz00ee]

I am Non EEA and married to an EEA nation (Dutch) since Sep 2002 in London, basically over 10 years. We have a 8 years old child, who's main residence is with me, as I am his mother and I work part time. We are in the final stage of divorce, the decree absolute will be issued in one week.

We met in London 2000, married in London in 2002. When I first granted the EEA2 was in Sep, 2002. In June 2005, we moved to Germany due to his work situation. We moved back in May 2008. There is a 3 years interruption. My second EEA2 was issued in May 2009, applied in 2008, it was huge delay in the process.

He works in the UK full time, never been unemployed.

The divorce financial settlement, I have the matrimonial home and he pays me spouse and child maintenance by a court proofed agreement. I am self employed have my own income. He is happy to provide any necessary documents to support me.

My question is:

Can I already apply for PR use form EEA4? If not, what sort of resident permit can I apply?

1: Which application form and where can I find the application? I looked at HO website, but nothing useful.

2: What documents I need from him

3: Documents from my side.

Any information and advice is greatly appreciated.

[Plum70]

Firstly, the form EEA3 is meant for EU nationals applying for confirmation of PR.

If you were to apply for PR you would need to use form EEA4.

As your case stands, you do not currently qualify for PR - moved back to the UK with your (ex) husband in May 2008 - as you have not resided in the UK for a continuous period of 5 years in accordance with EU Regulations.

However, you can apply (using EEA2) to retain your rights of residence following divorce as you have been married for over 3 years and lived in the UK for more than 1 year. To enable you successfully apply, you would need to now be the one exercising treaty rights which you say you are as a self employed person.

Once you receive your residence card following a successful ROR application, you may apply for PR from May 2013 onwards.

See the UKBA site for guidance notes on what documentation needs to be provided for a ROR application and how to apply.

[zz00ee]

Thanks a lot for your help.

I couldn't find the application form for applying the retention of the right to stay on UKBA? Can anyone send me a link?

Thanks a lot.

[Jambo]

There isn't a dedicated application for RoR. It is just a section within the standard form. As stated already, use form EEA4.

[Obie]

I believe given the circumstances of the OP's case, form EEA 2 might be the most appropriate form to use. It too has a section for ROR.

[Jambo]

Thanks for the correction.

As stated before, use EEA2.

[zz00ee]

Thank you all for the help. I printed the EEA2 application form, did find the section for ROR.

One more question:

1:How soon do I need apply for ROR after the Decree Absolute is issued?

2:As I am self-employed, I don't have a business or accountant, how can I proof that I am working? I just started to work after we separated in the summer of 2011, I haven't submitted my Inland Revenue self-assessment forms yet.

[zz00ee]

Send out the application on 17 Nov 2012, got COA letter this morning. I did send a prepaid envelope with the application to return my passport. My passport is not returned back to me, I should send them an email to request my passport. I do need it for traveling soon.

[jotter]

Send out the application on 17 Nov 2012, got COA letter this morning. I did send a prepaid envelope with the application to return my passport. My passport is not returned back to me, I should send them an email to request my passport. I do need it for traveling soon.

Yes, you will need to contact the UKBA to request your passport back if you need it urgently. Otherwise, the UKBA will hold onto it until they've processed the application, which is potentially months.

[waqas123]

if wife is not helping to give any evidence that she is working till decree absolute,how much chances od to get ror?

[ccccp]

I would say no chance this is one of the key point.

[Jambo]

I would say no chance this is one of the key point.

I would disagree. Without cooperations, it would be more difficult and might require the use of the courts, but if the spouse is exercising treaty rights in the UK, you should be able to obtain some proof of that (even without her co-operation) and retain your rights.

[waqas123]

Can you please explain what can be possible way to get her work detail,i dnt know where she works,all she said she is working,she lives in different city,i have just her home address,because she dosnt want to co-operate, i have no clue how can i get any detail.
Jumbo can u please advise or anyone else?
Thank you in advance!

[Jambo]

Can you please explain what can be possible way to get her work detail,i dnt know where she works,all she said she is working,she lives in different city,i have just her home address,because she dosnt want to co-operate, i have no clue how can i get any detail.
Jumbo can u please advise or anyone else?
Thank you in advance!

See a suggestion here.

[zz00ee]

if wife is not helping to give any evidence that she is working till decree absolute,how much chances od to get ror?

Very funny!

I am the wife, my son father is fully supporting me, giving any documents i needed to apply. Payslips for the last 11 years and employment certificate for the last 11 years, and includes proof of his current employment. We both want to see our son to grow up, hence we decide to stay in one country. We even decide to live close by.

My son is only 8 and is full time at an international school, I am the main carer to my son and I started to work after separation. I own my property in UK, plus my ex is paying a good amount maintenance to support us.

Divorce is not any one's choice, we have been married over 10 years and knew each other for 12 years.

[Obie]

I dont think OP meant to cause any offence in that post, he was merely seeking to get advice on how to go about his personal case and situation.

I believe there has been a misunderstanding on your part.

The wife he was referring to, was his wife, i dont think he was referring to you.

[zz00ee]

I dont OP meant to cause any offence or indeed caused any offense in that post, he was merely seeking to get advice on how to go about his personal case and situation.

I believe there has been a misunderstanding on your part.

The wife he was referring to, was his wife, i dont think he was referring to you.

Thanks for explaining, it is all clear now.

It is Christmas time, I got my COA on 17 Nov, and send a request to return my passport on 23rd Nov, today is 10th Dec, I haven't received my passport. I called them today and was waiting on the phone line nearly one hour, and finally got through, but was told request is received and but he can't help.

I have booked a family Christmas Holiday, we are leaving on 19th Dec.

[Obie]

Good for you. I recon you can indeed do with an holiday. Hopefully UKBA will send your padsport soon, and you can embark on your christmas holiday. Complain about 5 working days if you dont get it. Try and send your passport back on your return, to prevent PRC being issued on a status document.

[zz00ee]

I dont OP meant to cause any offence or indeed caused any offense in that post, he was merely seeking to get advice on how to go about his personal case and situation.

I believe there has been a misunderstanding on your part.

The wife he was referring to, was his wife, i dont think he was referring to you.

Thanks for explaining, it is all clear now.

It is Christmas time, I got my COA on 17 Nov, and send a request to return my passport on 23rd Nov, today is 10th Dec, I haven't received my passport. I called them today and was waiting on the phone line nearly one hour, and finally got through, but was told request is received and but he can't help.

I have booked a family Christmas Holiday, we are leaving on 19th Dec.

I didn't have my passport back on time for Holiday.

It did send back to me on 19th Dec and I was told not to send it back till UKBA request. I was waiting for the request, but

On 25th Jan, I got the package back, with the Issued RD valid till 14 Jan 2018 and remarks: employment and business activities allowed.

My new RD is the same as the one issued when I was married: Document Residence Card of a family Member of an EEA National. I guest this member means my son.

Good luck to any one else in my situation.

[Obie]

They seem to have issued the wrong document. But i believe it is not material.

The document should be " Residencec Card of a family member who has retained their right of Residence". This is provided for in Regulation 17(6A).

The is no provision for you to be issued a Residence Card as the mother under the EEA regulation.

I wish you all the best though.

[zz00ee]

They seem to have issued the wrong document. But i believe it is not material.

The document should be " Residencec Card of a family member who has retained their right of Residence". This is provided for in Regulation 17(6A).

The is no provision for you to be issued a Residence Card as the mother under the EEA regulation.

I wish you all the best though.

I am confused and do you think I should contact UKBA to check it?

When I applied,I did stated the situation clearly

[zz00ee]

They seem to have issued the wrong document. But i believe it is not material.

The document should be " Residencec Card of a family member who has retained their right of Residence". This is provided for in Regulation 17(6A).

The is no provision for you to be issued a Residence Card as the mother under the EEA regulation.

I wish you all the best though.

Back to subject again, actually that new 5 new year family residence permit is fine. So far I never had any problems to enter UK.

Here I got a question: Since 2011, I am living with my current partner, who is British, we have a daughter, who was born November 2013. We are living together and not married, didn't singed any cohabitation agreement. Now I am going to apply to British Citizenship, I have been being continually living and working in UK since May 2008,hence 6 years already. Here is my question:

1:My current family resident permit lasts till Jan 2019, Do I have to apply PR in order to apply UK citizenship?
2: Do I need to include my current partner in the application for PR?
3: If to include my british partner in the application, how do I prove that we are living together since 2011. My name was never on utility bills. Only bank statements and mobile phone bills etc.
4: Do I still need include my ex-husband's information for the PR application?