Help for ROR in a complicated application

[Lucky576]

Hi Xabi
Can you please explain your Ukba conversation, all i understand from your statement that ukba told you that non eea after divorce need Ex treaty proofs for mo than 3 years. Because for ROR 3 years marriage and 1 year living in UK together. Can you please explain? [/list]

[Imshzd]

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

[askmeplz82]

Hi guys
I called ukba today and asked about ror application as we discussed that eu national exercising treaty right during divorce from initiating to absolute.

I was shockingly told by ukba adviser that it should be one year evidence of treaties up until absolute and when I asked that it doesn't say anywhere that it should be one year and officer replied as;
it is logical, one year living together in uk with qualified EU partner so the word QUALIFIED means person should be exercising treaties one year means the time should be covered.

Yes one year living in the UK is a requirement but not 1 year exercising treaty right before decree absolute

I think exercising treaty right before decree absolute is OK ( 3/4 months ) ; What the Home office staff telling you is EXERCISING TREATY right for 1 year after marriage ?

people who retained their right of residence already can tell us more.

[Nimitta]

1- should put the right reason/s for divorce. what slows down a divorce if one party contests it; and not what you write or states.

Yes, it does slow down the process. Normally petitioners chose unreasonable behavior as the reason for the divorce. However, five instances of such behavior should be given in the petition and it is better to phrase them in such a way that would not provoke the other side to contest.

[XABI]

Yes one year living in the UK is a requirement but not 1 year exercising treaty right before decree absolute

I think exercising treaty right before decree absolute is OK ( 3/4 months ) ; What the Home office staff telling you is EXERCISING TREATY right for 1 year after marriage ?

people who retained their right of residence already can tell us more.

Well your idea ''people who retained their right of residence already can tell us more'' contradict your allegation of ''I think exercising treaty right before decree absolute is OK ( 3/4 months )''

and didn't understand your sentence What the Home office staff telling you is EXERCISING TREATY right for 1 year after marriage ? [/u]

[askmeplz82]

Well your idea ''people who retained their right of residence already can tell us more'' contradict your allegation of ''I think exercising treaty right before decree absolute is OK ( 3/4 months )''

and didn't understand your sentence What the Home office staff telling you is EXERCISING TREATY right for 1 year after marriage ? [/u][/quote]


You wrote:

"it is logical, one year living together in uk with qualified EU partner so the word QUALIFIED means person should be exercising treaties one year means the time should be covered"

One year living together withe the qualified Eu national that's true but that doesn't have to be before divorce. It can be even after marriage.

when you retained you right of residence basically you just getting an extended RC for 5 more years.

Therefore, a person applying for a document confirming that they have retained a right of residence in this way must provide evidence that the EEA national was either a qualified person during divorce


like RICARDO SAID ( he retained his right recently )

"your EEA spouse needs to be exercising treaty right at the initiation of divorce through to the decree absolute. What the HO are interested in is documents proving the treaty right not if it was 5 months to initiation"

[yemco]

In my own case I provided a letter from my ex employer that she is working for the agency for more than two yrs.HO retained the letter and I was issued with a new RC valid for 5yrs.Although I provided lots proof of more than 4yrs of our marriage.

[askmeplz82]

In my own case I provided a letter from my ex employer that she is working for the agency for more than two yrs.HO retained the letter and I was issued with a new RC valid for 5yrs.Although I provided lots proof of more than 4yrs of our marriage.

May be you can tell us. Did you provided your ex treaty right from divorce proceeding to decree absolute ?

[yemco]

I provided three yrs p60s and letter from my ex employer with lots of proof we lived together for 4yrs.

[Amebo]

Pls guys what do you think, if divorce take place immediatly 2 weeks after three years of marriage and was finalize after six months and non EEA decide to send all the necessary documents to HO ROR exactly the same week he/she recieve decree absolute,

What do you surgest? is HO not going to think otherwise? maybe too early to apply for ROR same week as absolute, pls guys help regarding these,
Thanksssssss All

[askmeplz82]

Pls guys what do you think, if divorce take place immediatly 2 weeks after three years of marriage and was finalize after six months and non EEA decide to send all the necessary documents to HO ROR exactly the same week he/she recieve decree absolute,

What do you surgest? is HO not going to think otherwise? maybe too early to apply for ROR same week as absolute, pls guys help regarding these,
Thanksssssss All

you received DECREE ABSOLUTE TODAY tomorrow you can send application.

[Lucky576]

Hi Amebo
If you have the proof of your EX from initiation of divorce till decree absolute of exercising treaty rights( pay slips/p45/60 or contract letter) than you already retained your rights(having 3 years marriage and 1 year lived together), because retain rights are only confirmation of rights which you already have.
But for permanent residence you have to show your Ex proofs of exerting treaty rights for starting of marriage date till decree absolute and yours proof that you are working. For instance 3.6years of your Ex and 1.4 year of yours.

[Lucky576]

Hi Yemco
I believe for ROR we have to show proof till decree absolute,in your case it will be 4 years p60s( assuming divorce took place nearly 4 years)but you mentioned you provided 3 years, can you please explain?
Thanks

[yemco]

Hi Yemco
I believe for ROR we have to show proof till decree absolute,in your case it will be 4 years p60s( assuming divorce took place nearly 4 years)but you mentioned you provided 3 years, can you please explain?
Thanks

i just submit all the paperwork i have with me then not to give the HO any chance of refusal.

[askmeplz82]

Hi Yemco
I believe for ROR we have to show proof till decree absolute,in your case it will be 4 years p60s( assuming divorce took place nearly 4 years)but you mentioned you provided 3 years, can you please explain?
Thanks

i just submit all the paperwork i have with me then not to give the HO any chance of refusal.

Some members in this forum got refused even after submitting 3 years p60 and 3 years marriage proof

Their ROR refused because they didn't submit EEA national exercising treaty right during divorce

For example if you started divorce proceeding 4 month ago and today your divorce finalised ( home office want to see EEA national was exercising during this time ).

So Yemco you provided 3 years p60 but what about when divorce was finalised? Did you provided anything from Divorce proceeding started -- divorce finalised ?

[Amebo]

Thanks Lucky n Askmeplz, i think it will be more better to submit as soon as decree absolute arrive,
yes all the necessary documents are ready, what about this......

Ex- started self employed 2009, (registered with HMRC, All papers available),

EX Got employed in a company in 2010 till 2011 ( hundred of payslips, one p60, one p45 available),

EX Continue with self employed in November 2011 till date, all necessary HMRC tax return for 3 years are all available,

some invoice,

bank statements showing customers paying in,

NI contribution paid from 2009, 2010, 2011, 2012, 2013, receipt are available.

What do youi think Plsssssssssssss Add ur opinion

[Imshzd]

Thanks Lucky n Askmeplz, i think it will be more better to submit as soon as decree absolute arrive,
yes all the necessary documents are ready, what about this......

Ex- started self employed 2009, (registered with HMRC, All papers available),

EX Got employed in a company in 2010 till 2011 ( hundred of payslips, one p60, one p45 available),

EX Continue with self employed in November 2011 till date, all necessary HMRC tax return for 3 years are all available,

some invoice,

bank statements showing customers paying in,

NI contribution paid from 2009, 2010, 2011, 2012, 2013, receipt are available.

What do youi think Plsssssssssssss Add ur opinion

Read this then decide what you are require.
From: European Operational Policy Enquiries
UK Border Agency

4 January 2013

Dear A. Aris,
 
Thank you for your email dated 08 December 2012 regarding the requirement
for persons applying for a document confirming that they have retained a
right of residence under the Immigration (European Economic Area)
Regulations 2006 ("the Regulations") following the termination of a
marriage to submit evidence that the relevant EEA national was exercising
free movement rights at the date at which the marriage was lawfully
terminated. Your request has been treated as a routine enquiry and not
under the Freedom of Information Act 2000.
 
In order to retain a right of residence under regulation 10(5), the
relevant EEA national must have been exercising free movement rights or
have had a right of permanent residence under the Regulations at the time
at which the marriage was legally terminated (that is, when the decree
absolute was obtained). Therefore, a person applying for a document
confirming that they have retained a right of residence in this way must
provide evidence that the EEA national was either a qualified person, or a
person with a right of permanent residence under the Regulations at the
time that the marriage was terminated. Without such evidence it would not
be possible to determine whether the applicant had retained a right of
residence or not.
 
I trust that this response answers your enquiry satisfactorily.
Yours sincerely,
 
European Operational Policy Team
UK Border Agency
 
 

show quoted sections

Link to this

[Amebo]

Thanks Lucky n Askmeplz, i think it will be more better to submit as soon as decree absolute arrive,
yes all the necessary documents are ready, what about this......

Ex- started self employed 2009, (registered with HMRC, All papers available),

EX Got employed in a company in 2010 till 2011 ( hundred of payslips, one p60, one p45 available),

EX Continue with self employed in November 2011 till date, all necessary HMRC tax return for 3 years are all available,

some invoice,

bank statements showing customers paying in,

NI contribution paid from 2009, 2010, 2011, 2012, 2013, receipt are available.

What do youi think Plsssssssssssss Add ur opinion

Read this then decide what you are require.
From: European Operational Policy Enquiries
UK Border Agency

4 January 2013

Dear A. Aris,
 
Thank you for your email dated 08 December 2012 regarding the requirement
for persons applying for a document confirming that they have retained a
right of residence under the Immigration (European Economic Area)
Regulations 2006 ("the Regulations") following the termination of a
marriage to submit evidence that the relevant EEA national was exercising
free movement rights at the date at which the marriage was lawfully
terminated. Your request has been treated as a routine enquiry and not
under the Freedom of Information Act 2000.
 
In order to retain a right of residence under regulation 10(5), the
relevant EEA national must have been exercising free movement rights or
have had a right of permanent residence under the Regulations at the time
at which the marriage was legally terminated (that is, when the decree
absolute was obtained). Therefore, a person applying for a document
confirming that they have retained a right of residence in this way must
provide evidence that the EEA national was either a qualified person, or a
person with a right of permanent residence under the Regulations at the
time that the marriage was terminated. Without such evidence it would not
be possible to determine whether the applicant had retained a right of
residence or not.
 
I trust that this response answers your enquiry satisfactorily.
Yours sincerely,
 
European Operational Policy Team
UK Border Agency
 
 

show quoted sections

Link to this

Thanks Imszd, yes i have read it but what do you think in terms of self employed like i explained above, plsss

[yemco]

Hi Yemco
I believe for ROR we have to show proof till decree absolute,in your case it will be 4 years p60s( assuming divorce took place nearly 4 years)but you mentioned you provided 3 years, can you please explain?
Thanks

i just submit all the paperwork i have with me then not to give the HO any chance of refusal.

Some members in this forum got refused even after submitting 3 years p60 and 3 years marriage proof

Their ROR refused because they didn't submit EEA national exercising treaty right during divorce

For example if you started divorce proceeding 4 month ago and today your divorce finalised ( home office want to see EEA national was exercising during this time ).

So Yemco you provided 3 years p60 but what about when divorce was finalised? Did you provided anything from Divorce proceeding started -- divorce finalised ?

my ex spouse was working for the same company for about 3yrs so the letter from the company stated that she is still working for them,this covers from the begining of divorce till decree sbsolute.

[askmeplz82]

Thanks Lucky n Askmeplz, i think it will be more better to submit as soon as decree absolute arrive,
yes all the necessary documents are ready, what about this......

Ex- started self employed 2009, (registered with HMRC, All papers available),

EX Got employed in a company in 2010 till 2011 ( hundred of payslips, one p60, one p45 available),

EX Continue with self employed in November 2011 till date, all necessary HMRC tax return for 3 years are all available,

some invoice,

bank statements showing customers paying in,

NI contribution paid from 2009, 2010, 2011, 2012, 2013, receipt are available.

What do youi think Plsssssssssssss Add ur opinion

What is more important for ROR is what your Ex was doing during divorce not before

- 1 year residence in the UK ( you got that )

- 3 years marriage ( you got that )

- exercising treaty right during divorce ; from divorce proceeding- decree absolute ( you will have that too i guess ) in order to be considered EEA national a qualified person

But if you applying for PR then EEA national exercising treaty right from marriage to divorce; and your treaty right from divorce


Please remember don't send too many documents. if you read this forum people who send less or only required documents got their ROR/ PR quickly then someone who send loads of unnecessary documents . Keep it very simple straightforward.

from home office website:


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

- 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,

[Imshzd]

EU regulations are stricked on ROR explained in 10(5).

But in the Uk,the implementation of EU regulations are not stricked as explained in 10(5).

In the uk,for ROR EEA national must be a qualified person at the time of termination of divorce.

Question is a qualified person....??

According to UK immplementations a person is a quailed person if he or she was a worker or self employed person within the last 12 months.


HO always saying over the phone that to sent EEA nationals last treaty rights if EEA national is unable to work during the divirce proceedings.

[Amebo]

Yes i have all that, but based on self employed, i can only prove that she was exercising treaty right with ex bank statement during divorce, bcos there is no payslips,

but paid NI contribution during divorce which was july and some invoice.

Thanks

[askmeplz82]

Question is a qualified person....??

According to UK immplementations a person is a quailed person if he or she was a worker or self employed person within the last 12 months.

HO always saying over the phone that to sent EEA nationals last treaty rights if EEA national is unable to work during the divirce proceedings.[/quote]

------------------------

so if an EEA national exercising treaty right by job seeking ( registered job seeker with the DWP ) or self sufficient during divorce is not a qualified person ?

[Lucky576]

Hi askmeplz82 and Imshsz
If divorce starting sep 2012 .. Ended jan2013 .Would HMRC NI contribution record(statement) of EX eea national covering whole tax year from 5 april 2012 to 5 april 2013 be enough for non Eea to apply ROR? Fulfilling basic rule of 3 year marriage and 1 year in UK?

Thanks for your replies in advance

[askmeplz82]

Hi askmeplz82 and Imshsz
If divorce starting sep 2012 .. Ended jan2013 .Would HMRC NI contribution record(statement) of EX eea national covering whole tax year from 5 april 2012 to 5 april 2013 be enough for non Eea to apply ROR? Fulfilling basic rule of 3 year marriage and 1 year in UK?

Thanks for your replies in advance

Yes that's OK; with regard to self employment if you can also add some invoice or receipt or Bank statements would be very good

You can also include proof of address for both of you after marriage ( 1 year is good but less is also not a problem ) just to show it a was a genuine marriage