Residence permit following Retention of Rights

[maksat]

Hi all and thanks in advance for your posts and comments!

I am a non EEA national.
In 2002 I got married to an EEA national and was granted a 5 year visa in April 2003.
Our relationship did not work out that well and I got divorced. At the end of my 5 year visa I applied for permanent residence under "retention of rights" law and was granted another 5 year visa, which requires me to exersice Treaty rights on my own as if i was an EEA national.

My questions are:

1) Does the rule of automatic permanent residence apply following retention of rights?If so, could I now apply for naturalisation?

2) If I am to apply for permanent residence ,when should I do so?
One solicitor told me that I can apply at any time now as I have clearly spent 10 years in the UK instead of required 6.
Another solicitor advised me that I can only apply at the end of my current visa.
Should this be a case it will be quicker to apply for ILR under Long residence (10 yrs) rule.

Once again, thank you for sharing your thoughts and experiences.

[EUsmileWEallsmile]

In general, you will have achieved PR on the basis of five years' legal residence. While married, your legal residence depended on your spouses activities (worker, self-sufficient, student). Once divorced and retained ror obtained, they depended on your activities.

You should be able to work out your situation from this, but if not, you might want to consider posting more info.

Date of marriage
Activities of spouse during marriage
Date of divorce
Activities post divorce

[maksat]

Hello "EUsmileWEallsmile",
Thanks for a prompt reply!

As previosly stated I have already obtained "ror" and received another 5 yr visa with a letter confirming "ror" following a divorce.

Further information is as follows:

- Date of marriage- November 2002
- Activities of spouse during marriage- half the time she was emplyed, then a full time student. Her PR card was sent along with my visa - I can get hold of it if required.
- Date of divorce - divorce was granted in Oct 2007
Activities post divorce - I always been (still am) in full time employment

Looking forward to hearing from you!

[Imshzd]

Apply naturalisation rather then PR.

[Imshzd]

http://www.immigrationboards.com/viewto ... ht=#810615

[maksat]

Dear Imshzd,
Thanks for your post!
Its good to find someone with a similar situation.

Could you please let me know what proof of "automatic PR" did you submit at the time?

Any tips on completing the application?

Thanks

[Imshzd]

My 6 years treaty rights,and 6 years proof of address,
My ex wifes treaty rights till divorce,and her proof of address,
Letter from ukba confirms my retain rights of residence.
Life in the uk certificate.
Marriage certificate,
Decree absolute,
£ 851 fee.
I still don't believe this,but that's true as I am going to attend my oath ceremony next week.

[Imshzd]

I went in my council office,the lady was so nice between the age of 55/60,
She done my all paper work.

[EUsmileWEallsmile]

As previosly stated I have already obtained "ror" and received another 5 yr visa with a letter confirming "ror" following a divorce.

Further information is as follows:

- Date of marriage- November 2002
- Activities of spouse during marriage- half the time she was emplyed, then a full time student. Her PR card was sent along with my visa - I can get hold of it if required.
- Date of divorce - divorce was granted in Oct 2007
Activities post divorce - I always been (still am) in full time employment

Looking forward to hearing from you!

You would appear to have achieved PR five years after you entered the UK as a family member.

[mobismome]

My 6 years treaty rights,and 6 years proof of address,
My ex wifes treaty rights till divorce,and her proof of address,
Letter from ukba confirms my retain rights of residence.
Life in the uk certificate.
Marriage certificate,
Decree absolute,
£ 851 fee.
I still don't believe this,but that's true as I am going to attend my oath ce
remony next week.

hi imshzd

i will naturalize in 2016 these are the documents i wish to submit
1evidence that my and ex wife her has lived together for atleast oneyear during the duration of our marriage
2 evidence of my wife exercising treaty right till decree absolute obtained ie for 3 years and 2 months

3 evidence of me exercising treaty right after divorce as if am the eea national ie for 1 year and 10 months

then my proof of address for 1 year and 10 months
ie 3 years and 2months + 1 year and 10 months = 5 years residence in the uk as required under eea regulation
4 life in the uk test certificate
i hope these documents are ok i did not apply for retention of right of residence after divorce as this is optional so i dont have any letter form home office.

[Imshzd]

For naturalisation you need to show 6 years.
5 years for PR.
Difference between your and mine documents are,,
I submitted my 6 years treaty rights,i.e,since marriage.
Confirmation of my retain rights of residence.

You will apply in 2016,so 3 years more to go.
I don't sure what will happen after 3 years.
It's too early,don't sure what changes will come in next 3 years.

[maksat]

Dear EUsmileWEallsmile,

What is your view on my situation? Should I apply for naturalization or should I get a PR stamp first?

Either way, since I got divorced in October 2007 (5,5 years ago), do I still need to be sending any proof that my ex wife exercised treaty rights prior to 2007?!
I don't have any of the documents to prove that as it was years ago and it was proved at the time when I applied for "ROR"- home office did not send those documents back to us, just returned passports.

Thanks again
Maks