Permanent residence after retaining residence rights (eea4)

[Mariaemtseva]

Hi, I wonder if anyone was in a similar situation? I've looked at various posts but couldn't a definitive answer.

I married in October 2007, divorced in march 2012, retained residence right in February 2013. I want to apply for permanent residence using EEA4 form, I have enough of my own evidence to demonstrate that I was employed from 2008-2013, but my ex is not cooperating, so I am unable to get any of his documents, and therefore unable to provide evidence that he was exercising treaty rights prior to our divorce in 2012.

I'm not even sure if I need to provide any documents from him...

Did anyone have a similar situation?
Your help is very much appreciated.
Maria

[askmeplz83]

Hi, I wonder if anyone was in a similar situation? I've looked at various posts but couldn't a definitive answer.

I married in October 2007, divorced in Feb 2012, retained residence right in February 2013. I want to apply for permanent residence using EEA4 form, I have enough of my own evidence to demonstrate that I was employed from 2008-2013, but my ex is not cooperating, so I am unable to get any of his documents, and therefore unable to provide evidence that he was exercising treaty rights prior to our divorce in 2012.

I'm not even sure if I need to provide any documents from him...

Did anyone have a similar situation?
Your help is very much appreciated.
Maria

it will be difficult if EX don't cooperate. but you can apply PR anyway in Feb 2018 without your ex help

You can ask Home Office for help but they will only help NON EEA national with PR on exceptional circumstance like domestic violence, EEA national death

Do you have your ex ID or Passport?

Documents from EEA national Exercising treaty right until your Divorce?

read more here: https://immigrationboards.com/viewtopic ... a46e5a1aa7

http://www.immigrationboards.com/viewto ... b9bac29499

[vinny]

If appealing, then use the Tribunal to help.

[Mariaemtseva]

If appealing, then use the Tribunal to help.

Hi vinny, thanks for coming back to me. No, I'm not appealing, just thinking of applying for perm residence, but after reading other people's posts it looks like I do need my ex's proof of employment prior to our divorce ((((

[Mariaemtseva]

it will be difficult if EX don't cooperate. but you can apply PR anyway in Feb 2018 without your ex help

You can ask Home Office for help but they will only help NON EEA national with PR on exceptional circumstance like domestic violence, EEA national death

Do you have your ex ID or Passport?

Documents from EEA national Exercising treaty right until your Divorce?

read more here: https://immigrationboards.com/viewtopic ... a46e5a1aa7

http://www.immigrationboards.com/viewto ... b9bac29499[/quote]

Hi, thank you for your response.
No I don't have his ID. The only document I have is his employer letter confirming that he was employed from may 2010, but they did not date it. So I guess home office will not accept it as proper evidence.
I guess I will have to wait till march 2017 an then apply as it will be 5 years after divorce. But by that time I will also qualify under 10 long residence rule.... Did not want to wait that long, but unfortunately ex decided to be awkward (((

[vinny]

If appealing, then use the Tribunal to help.

Hi vinny, thanks for coming back to me. No, I'm not appealing, just thinking of applying for perm residence, but after reading other people's posts it looks like I do need my ex's proof of employment prior to our divorce ((((

I'm just highlighting the option if the confirmation for PR is refused and results in you appealing.

See also ILR with mixed immigration status.

[Amebo]

If appealing, then use the Tribunal to help.

Hi vinny, thanks for coming back to me. No, I'm not appealing, just thinking of applying for perm residence, but after reading other people's posts it looks like I do need my ex's proof of employment prior to our divorce ((((

I'm just highlighting the option if the confirmation for PR is refused and results in you appealing.










To my understanding, i dont think you need ex id for PR app, all you need is ex proof of treaty right until divorce finalise(absolute), and also you dont need to wait until 2018 to apply for PR.

Try as much as possible to seek ur ex attention regarding these app, ask for empoyment, bank statement, and few bills will be enough,

Call, Txt, Mail Or go through social network media and look for ur ex to find help,

I wish you all the best in this app in Jesus name,

Good luck

[Mariaemtseva]

To my understanding, i dont think you need ex id for PR app, all you need is ex proof of treaty right until divorce finalise(absolute), and also you dont need to wait until 2018 to apply for PR.

Try as much as possible to seek ur ex attention regarding these app, ask for empoyment, bank statement, and few bills will be enough,

Call, Txt, Mail Or go through social network media and look for ur ex to find help,

I wish you all the best in this app in Jesus name,

Good luck

Hi Amebo
Thank you, this is what I thought. I don't think he will be prepared to cooperate, apparently his current partner is not happy with it. I personally think its just an excuse though)))))
Maybe he will change his mind.. Fingers crossed
Maria

[askmeplz82]

it will be difficult if EX don't cooperate. but you can apply PR anyway in Feb 2018 without your ex help

You can ask Home Office for help but they will only help NON EEA national with PR on exceptional circumstance like domestic violence, EEA national death

Do you have your ex ID or Passport?

Documents from EEA national Exercising treaty right until your Divorce?

read more here: https://immigrationboards.com/viewtopic ... a46e5a1aa7

http://www.immigrationboards.com/viewto ... b9bac29499

Hi, thank you for your response.
No I don't have his ID. The only document I have is his employer letter confirming that he was employed from may 2010, but they did not date it. So I guess home office will not accept it as proper evidence.
I guess I will have to wait till march 2017 an then apply as it will be 5 years after divorce. But by that time I will also qualify under 10 long residence rule.... Did not want to wait that long, but unfortunately ex decided to be awkward ((([/quote]




What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

[Mariaemtseva]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?[/quote]

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.

[askmeplz82]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.[/quote]



So he gave you his p60, payslip from the Oct 2007 to March 2012 ? or Just some payslip before divorce and p60 for year 2012 ?

if your solicitor have all the copies from oct 2007- march 2012 then he can challenge that they have seen his original paperwork before and now because EX is not cooperating it's not possible.

i heard cases where home office accepted copies ... but not sure when

[Mariaemtseva]

So he gave you his p60, payslip from the Oct 2007 to March 2012 ? or Just some payslip before divorce and p60 for year 2012 ?

if your solicitor have all the copies from oct 2007- march 2012 then he can challenge that they have seen his original paperwork before and now because EX is not cooperting it's not possible.

i heard cases where home office accepted copies ... but not sure when

No, only for 2011-2012

[askmeplz82]

So he gave you his p60, payslip from the Oct 2007 to March 2012 ? or Just some payslip before divorce and p60 for year 2012 ?

if your solicitor have all the copies from oct 2007- march 2012 then he can challenge that they have seen his original paperwork before and now because EX is not cooperting it's not possible.

i heard cases where home office accepted copies ... but not sure when

No, only for 2011-2012[/quote


ideally Home office have direct access to Inland Revenue where they can check anyone work history but they only exercise this on exceptional reason like domestic violence

You need his exercising treaty right from Oct 2007 till your divorce march 2012 and then from March 2012 - Oct 2012 your exercising treaty right for apply for PR under 5 yrs rule


You can try your best ( tell ur EX how important it is for you ).

or else i am afraid you have to apply for PR on your OWN 5 yrs after divorce

[Mariaemtseva]

So he gave you his p60, payslip from the Oct 2007 to March 2012 ? or Just some payslip before divorce and p60 for year 2012 ?

if your solicitor have all the copies from oct 2007- march 2012 then he can challenge that they have seen his original paperwork before and now because EX is not cooperting it's not possible.

i heard cases where home office accepted copies ... but not sure when

No, only for 2011-2012[/quote


ideally Home office have direct access to Inland Revenue where they can check anyone work history but they only exercise this on exceptional reason like domestic violence

You need his exercising treaty right from Oct 2007 till your divorce march 2012 and then from March 2012 - Oct 2012 your exercising treaty right for apply for PR under 5 yrs rule


You can try your best ( tell ur EX how important it is for you ).

or else i am afraid you have to apply for PR on your OWN 5 yrs after divorce

Thank you, you were very helpful, much appreciated

[Amebo]

So he gave you his p60, payslip from the Oct 2007 to March 2012 ? or Just some payslip before divorce and p60 for year 2012 ?

if your solicitor have all the copies from oct 2007- march 2012 then he can challenge that they have seen his original paperwork before and now because EX is not cooperting it's not possible.

i heard cases where home office accepted copies ... but not sure when

No, only for 2011-2012[/quote


ideally Home office have direct access to Inland Revenue where they can check anyone work history but they only exercise this on exceptional reason like domestic violence

You need his exercising treaty right from Oct 2007 till your divorce march 2012 and then from March 2012 - Oct 2012 your exercising treaty right for apply for PR under 5 yrs rule


You can try your best ( tell ur EX how important it is for you ).

or else i am afraid you have to apply for PR on your OWN 5 yrs after divorce

Thank you, you were very helpful, much appreciated

See, let us make things clear here, if you have been granted another five years (ROR) after divorce with your ex, then you have to use the same documents for your PR, ie prior to divorce.

You dont need his /her curent employment documents, as i have seen many on this forum do the same and was granted

[maxmelion]

it will be difficult if EX don't cooperate. but you can apply PR anyway in Feb 2018 without your ex help

You can ask Home Office for help but they will only help NON EEA national with PR on exceptional circumstance like domestic violence, EEA national death

Do you have your ex ID or Passport?

Documents from EEA national Exercising treaty right until your Divorce?

read more here: https://immigrationboards.com/viewtopic ... a46e5a1aa7

http://www.immigrationboards.com/viewto ... b9bac29499

Sorry i would like to know if u live in uk 3years with rc eeu 5 years nd u get devorce nd apply ROR nd u succses will u get apply for pR after two years or u get rc 5 years again nd then PR?

Hi, thank you for your response.
No I don't have his ID. The only document I have is his employer letter confirming that he was employed from may 2010, but they did not date it. So I guess home office will not accept it as proper evidence.
I guess I will have to wait till march 2017 an then apply as it will be 5 years after divorce. But by that time I will also qualify under 10 long residence rule.... Did not want to wait that long, but unfortunately ex decided to be awkward ((([/quote]

[askmeplz82]

it will be difficult if EX don't cooperate. but you can apply PR anyway in Feb 2018 without your ex help

You can ask Home Office for help but they will only help NON EEA national with PR on exceptional circumstance like domestic violence, EEA national death

Do you have your ex ID or Passport?

Documents from EEA national Exercising treaty right until your Divorce?

read more here: https://immigrationboards.com/viewtopic ... a46e5a1aa7

http://www.immigrationboards.com/viewto ... b9bac29499

Sorry i would like to know if u live in uk 3years with rc eeu 5 years nd u get devorce nd apply ROR nd u succses will u get apply for pR after two years or u get rc 5 years again nd then PR?

Hi, thank you for your response.
No I don't have his ID. The only document I have is his employer letter confirming that he was employed from may 2010, but they did not date it. So I guess home office will not accept it as proper evidence.
I guess I will have to wait till march 2017 an then apply as it will be 5 years after divorce. But by that time I will also qualify under 10 long residence rule.... Did not want to wait that long, but unfortunately ex decided to be awkward (((

[/quote]
*******************************************************

If you apply under 10 yrs rule still you need show ex exercising treaty right until divorced. And ILR under UK cost not free like EU application

Either if you can your ex to cooperate

Or you have to apply 5 yrs after divorce and show you exercising treaty right

[maxmelion]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.[/quote]

SORRY I m abit confused if u apply for ROR after divorce and u only got one year lift for RC to apply for PR so HO will give onther 5 years or u can apply for PR after one year , need answer plz

[askmeplz82]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.

SORRY I m abit confused if u apply for ROR after divorce and u only got one year lift for RC to apply for PR so HO will give onther 5 years or u can apply for PR after one year , need answer plz[/quote]

_____________________________________

even if you have one years left Home office still will issue you 5 years resident card EEA2 ( family member of an Eu national ) and also issue you a letter that you retained your right of residence under EU rule. When you travel outside UK you must then carry the letter always with you so you can prove that you retained your right. Your EX doesn't have to be in the UK anymore


lets assume you divorced today after 4 years marriage and you have 1 year left still for PR


for PR application : 4 yrs ex exercising treaty right until divorce + 1 year your exercising treaty right after divorce

Or

You exercising treaty right continuously for 5 years after divorce


If you never applied for ROR before then

[maxmelion]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.

SORRY I m abit confused if u apply for ROR after divorce and u only got one year lift for RC to apply for PR so HO will give onther 5 years or u can apply for PR after one year , need answer plz

_____________________________________

even if you have one years left Home office still will issue you 5 years resident card EEA2 ( family member of an Eu national ) and also issue you a letter that you retained your right of residence under EU rule. When you travel outside UK you must then carry the letter always with you so you can prove that you retained your right. Your EX doesn't have to be in the UK anymore


lets assume you divorced today after 4 years marriage and you have 1 year left still for PR


for PR application : 4 yrs ex exercising treaty right until divorce + 1 year your exercising treaty right after divorce

Or

You exercising treaty right continuously for 5 years after divorce


If you never applied for ROR before then[/quote]

to be honest i didnt get what u mean, so after 4 year with wife and one year divorce and i got all evidence and decuments can i apply for PR or i have to wait more 5 years ?

[askmeplz82]

[quote="askmeplz82"
What documents you submitted then with EEA2 ( 2nd one ) after divorced for ROR ?

only letter that employed from may 2010 until ?

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.

SORRY I m abit confused if u apply for ROR after divorce and u only got one year lift for RC to apply for PR so HO will give onther 5 years or u can apply for PR after one year , need answer plz

_____________________________________

even if you have one years left Home office still will issue you 5 years resident card EEA2 ( family member of an Eu national ) and also issue you a letter that you retained your right of residence under EU rule. When you travel outside UK you must then carry the letter always with you so you can prove that you retained your right. Your EX doesn't have to be in the UK anymore


lets assume you divorced today after 4 years marriage and you have 1 year left still for PR


for PR application : 4 yrs ex exercising treaty right until divorce + 1 year your exercising treaty right after divorce

Or

You exercising treaty right continuously for 5 years after divorce


If you never applied for ROR before then

to be honest i didnt get what u mean, so after 4 year with wife and one year divorce and i got all evidence and decuments can i apply for PR or i have to wait more 5 years ?[/quote]

If you have all the evidence ( EEA exercising treaty right ) until divorce and plus your exercising treaty right ( for one year ) you can

[maxmelion]

I only submitted a copy of his passport, it was not enough, so I went to an immigration court appealing, he cooperated at the time and gave me his p60, payslips and the letter from employer, confirming that he was employed at the time of divorce - march 2012. I had to give him all originals back, except employer's letter, however my solicitor will probably still have the copies.
I also have the court decision document that refers to the evidence provided.
But I don't think it will be enough....
My appeal was successful and in February 2013 I go my visa for 5 years.

SORRY I m abit confused if u apply for ROR after divorce and u only got one year lift for RC to apply for PR so HO will give onther 5 years or u can apply for PR after one year , need answer plz

_____________________________________

even if you have one years left Home office still will issue you 5 years resident card EEA2 ( family member of an Eu national ) and also issue you a letter that you retained your right of residence under EU rule. When you travel outside UK you must then carry the letter always with you so you can prove that you retained your right. Your EX doesn't have to be in the UK anymore


lets assume you divorced today after 4 years marriage and you have 1 year left still for PR


for PR application : 4 yrs ex exercising treaty right until divorce + 1 year your exercising treaty right after divorce

Or

You exercising treaty right continuously for 5 years after divorce


If you never applied for ROR before then

to be honest i didnt get what u mean, so after 4 year with wife and one year divorce and i got all evidence and decuments can i apply for PR or i have to wait more 5 years ?

If you have all the evidence ( EEA exercising treaty right ) until divorce and plus your exercising treaty right ( for one year ) you can[/quote]

bcos i have been working all the time since i came here and my wife been working full time for past 10 years and she she got british citezen last year and i think she would give me any decuments i will ask her
but can i use her english passport instead her BR certifcate bcos im sure she didnt have BR she applied for british citezen after 5 year continues of work and live her and without leaving the country or stop work for 6 mounth.