PERMANENT RESIDENCES VS NATURALIZATION

[austin100]

Dear Gurus and Member,
I have retained right of residences . This a background

Married MY EX-SPOUSE - JULY 2007
Residences card issued - JULY RESIDENCES 2009-JULY RESIDENCES 2014
DIVORCED - MARCH 2012 ( DECREE ABSOLUTE )
RETAINED RIGHT - 2013

1.When can I apply for permanent residence?
2. Do I submit only the documents for retained right ( As at the time of divorce that my ex- spouse was exercising right only) ?
3. Or Do I need to submit my ex treaty right for period of our marriage also ?
4. If I want to apply for naturalisation what do i need ?
Thanks all

[austin100]

Gurus kindly post a reply

[Jambo]

Were you living in the UK since your marriage in July 2007?
Have you access to your ex documents (passport & treaty rights evidence)?
Have your ex exercised treaty rights since marriage/time you moved to the UK till the divorce?

For PR, you will need to provide evidence of your wife activities before the divorce and your activities after. It needs to cover 5 continuous years. 1 year after that date, you can apply for naturalisation.

Also - why did you retain your rights using for EEA2 in 2012 and didn't apply directly for PR using form EEA4? Was there a problem with the treaty rights evidence (didn't complete 5 years?)?

[austin100]

Thanks Jambo,
Yes . I ve lived in UK here since 2004 legally before I married my ex in 2007
She was in and out of work for the period of that 5 years.
She lived in the UK for that period
I retained my residence by her been a job seeker at time of divorce.
However a worker retains her work status if he/she has worked for minimum of 1 year which I ve for like 2 years exercising her treaty right.
So in your own opinion what do think.
I shld go ahead and submit same document I used as at time of divorce?

[Jambo]

I shld go ahead and submit same document I used as at time of divorce?

To retain your rights, you just need to show she was a qualified person at the time of the divorce (relatively a short period in 2012).
To obtain PR, you need to show she has been exercising treaty rights during the whole period from 2007-2012. If she has been in and out of jobs, she might have not exercised treaty rights continuously from 2007.

From the sounds of it, you probably can't rely on her activities before the divorce but if you can detail her employment history (dates mainly) from 2007, people can comment of her status during that time.

[austin100]

My ex employment history
2007 - 2010 ( Employment)
2011-2012 ( Jobseeker )

[austin100]

Jambo , Thanks ! Pls
I would like you to have look at this case
( revocation and retained rights)
Syria [2011] UKUT 165 (IAC) (13 April 2011)

[Obie]

There is a long period of inactivity.

It will appear that she was out of work from 2011-2012.
If she was not made redundnant or sacked, or commenced studies, then it is probable that she was not exercising treaty right for a complete 5 years period. Therefore your residence may have to commence from 20011/12 when she registered as jobseeker, until there is a complete 5 year period, which would be 4 years under Regulation 10(5) and 10(6). Then and only then, will you qualify under Regulation 15(1F).

[austin100]

Thanks ! Obie,
The regulation state that a worker doesn't lose their status as " worker ", provdied they worked a minium of 12 month before becoming a jobseeker . Which was on this basis i retained right of residence.
Pls share your light on this

[Jambo]

True. But job seeking for 2 years is quite a long period to be still considered a job seeker. Im surprised RoR was granted based on that. How long has she been job seeking when you applied to retain your rights?

Maybe best would be to try and apply now for PR using form EEA4 and only risk £55 instead of £874 (naturalisation fee).

[austin100]

Thanks Jumbo!
I was only in possession of one year work history of residences 2009-2010
Which was what i submit to HO . And also that she was a jobseeker during divorce ( applications form, interviews letters,e-mail, bank statement of receiving jobseeker )
I actually applied this year 2013 ROR in Aug .

[Obie]

That evidence will not suffice.

To qualify for PR on the basis of time spent as a married couple and a former family member who retained their right of residence under regulation 10*(5) (6) you will need to show evidence that through out your marriage she was a qualified person.

I accept that a person will indeed retain their worker status if they are able to show that they left work as a result of redundancy, or did so in order to undertake vocational course. In the former, they will need to show that they are registered at the employment centre, and seeking employment.

I dispute that 12 months is a lawful requirement, but i will try not to get into it, as it will involve more writing, which is clearly not required for your post, and worth the extra time.

[austin100]

Thanks Obie ,
I do understand you anyway. You are indid a great moderator
What about the case of Syria [2011] UKUT 165 (IAC) (13 April 2011) ( revocation and retention )

[Obie]

The case of Samsam which you sited, involes revocation, the burden of proof in a revocation case, and the importance of the evidence provided in previous applications, in ascertaining whether a fomer EEA national spouse was qualified or not.

It the case of samsam, there were two previous successful applications before the Secretary of State decided to revoke his residence card.