Please Advice!!!

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 8:51 am

Hi everyone.

I hope to get some advice.
I am a non-eea spouse currently going through a divorce with my eea husband. We have been married for over 3 and half years, we have lived together in the UK all this while. And we both have always been working and haven't got kids.

My question is do I qualify for ROR based on this and do I have to inform the home office of my new status after divorce and do i have to make an application for retention of rights. If YES, what document will I be issued?

My next question is being i have been legally living in the UK for over 5 years now( 2 years with working holiday visa + 3.6 yrs married to an eea), do I qualify to apply for ILR after ROR or do I have to wait till its 5 years of marriage to EEA national.

Many thanks for your help in advance.

Post by **Lucapooka** » Thu Jan 24, 2013 9:04 am

Yes, you qualify for ROR, but I suggest you apply for confirmation of this now with evidence rather than having to chase your ex for paperwork in the future, when he may no be around or inclined to help you. You don't qualify for PR for another 1.5 years.

Post by **Jambo** » Thu Jan 24, 2013 9:08 am

When did the divorce process start? You need to have been married for 3 years when the divorce was initiated.

If you qualify, you make a ROR application using form EEA2. Check the form for documents required. After 5 years from your wedding you can apply for PR confirmation (your time before marriage doesn't count under EEA regulations).

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 9:13 am

Jambo wrote:When did the divorce process start? You need to have been married for 3 years when the divorce was initiated.

If you qualify, you make a ROR application using form EEA2. Check the form for documents required. After 5 years from your wedding you can apply for PR confirmation (your time before marriage doesn't count under EEA regulations).

We have just started the divorce process. Married 3.5 yrs then
Thanks

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 9:14 am

Lucapooka wrote:Yes, you qualify for ROR, but I suggest you apply for confirmation of this now with evidence rather than having to chase your ex for paperwork in the future, when he may no be around or inclined to help you. You don't qualify for PR for another 1.5 years.

Thanks lucapooka

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 9:16 am

Lucapooka wrote:Yes, you qualify for ROR, but I suggest you apply for confirmation of this now with evidence rather than having to chase your ex for paperwork in the future, when he may no be around or inclined to help you. You don't qualify for PR for another 1.5 years.

Can I ask please, if I apply for ROR what document will I be issued. Will I be issued a fresh RC? which might have a much longer expiry date.

Post by **Jambo** » Thu Jan 24, 2013 11:35 am

It would be a new RC valid for 5 years. But you don't need to wait for it to expire before applying for PR Confirmation. This can be applied for after 5 years under the regulations regardless of the dates on your RC.

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 12:06 pm

Jambo wrote:It would be a new RC valid for 5 years. But you don't need to wait for it to expire before applying for PR Confirmation. This can be applied for after 5 years under the regulations regardless of the dates on your RC.

Thanks Jambo
Please is this a complicated application?, can I do it on my own or so I need to use a solicitor. also what kind of docs are required.
Also as my RC is on A4 paper, will HO return it back to me as that's my proof that I was issued RC years bk

Post by **Jambo** » Thu Jan 24, 2013 1:21 pm

Not more complicated than the EEA2 you made as married. I suggest you read the application form (in particular section 4) to find out what evidence is required.

I’m not sure if you will get your old RC back or not. But surely, as the HO is the authority which issued it, they will know you had it already. You don’t need to provide the RC for a PR confirmation application. You need other evidence to prove the 5 years (check form EEA4 if you want more details).

Nkechi ike · Post by **Nkechi ike** » Thu Jan 24, 2013 6:40 pm

Jambo wrote:Not more complicated than the EEA2 you made as married. I suggest you read the application form (in particular section 4) to find out what evidence is required.

I’m not sure if you will get your old RC back or not. But surely, as the HO is the authority which issued it, they will know you had it already. You don’t need to provide the RC for a PR confirmation application. You need other evidence to prove the 5 years (check form EEA4 if you want more details).

Thank you Jambo

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Please Advice!!!

Please Advice!!!