Retained right of residents

[Kasi123]

Hello everyone
I am helping my friend on his retained right of residents application,which i believe he is getting too late to apply.
Case history
Married with Eea national may2009
Got FMRS for 10 months and after RC for 5 years till nov 2015
Lived and worked together more than one year in UK at same place,than separated... Living in different places.
Divorced starts sep 2012 finalised jan 2013.
So marriage lasted 3 years in which they lived 1 year together.
His Ex wife is not of course helping him for his application( not giving him proof of work...pay slip etc)
Thats the only reason my friend was scared to apply retain right application with no proof of Ex Eea national exercising treaty rights till decree absolute.after reading on that forum and Eea2 form i believe minimum he needs one pay slip of jan 2013( when he got his decree absolute) to qualify for retain rights which he couldn't get from EX.

Luckily God knows how come but NI people or HMRC department send her EX tax contribution record for the year of 5 april 2012 to 5 april 2013 to their old address with the letter mentioning she paid more tax and her employment starting date with employer name with check of tax back .i think i can send this with application that she was working during that period.so thats why decided to apply his application.
Questions:
1.Is that proof will be enough for HO to except,
2.in Eea2 forum i have to fill section 1,4,6 and 10.
3.in section 6 of EEA2 form they ask about evidence of employment and click the relevant.
(i) contract
(ii) most recent wage slip minimum one
(iii) letter from employer confirming she was working
As i mentioned above my friend got only one single proof that confirm of tax calculations on year 2012--2013 covering the divorce period and short letter from HMRC with her employer name mentioning starting date of work , shall i attached this with covering letter and request HO to except this letter as proof. Or what should i do with this form of evidence

Please members advise me on that issue. Thanks

[askmeplz82]

Hello everyone
I am helping my friend on his retained right of residents application,which i believe he is getting too late to apply.
Case history
Married with Eea national may2009
Got FMRS for 10 months and after RC for 5 years till nov 2015
Lived and worked together more than one year in UK at same place,than separated... Living in different places.
Divorced starts sep 2012 finalised jan 2013.
So marriage lasted 3 years in which they lived 1 year together.
His Ex wife is not of course helping him for his application( not giving him proof of work...pay slip etc)
Thats the only reason my friend was scared to apply retain right application with no proof of Ex Eea national exercising treaty rights till decree absolute.after reading on that forum and Eea2 form i believe minimum he needs one pay slip of jan 2013( when he got his decree absolute) to qualify for retain rights which he couldn't get from EX.

Luckily God knows how come but NI people or HMRC department send her EX tax contribution record for the year of 5 april 2012 to 5 april 2013 to their old address with the letter mentioning she paid more tax and her employment starting date with employer name with check of tax back .i think i can send this with application that she was working during that period.so thats why decided to apply his application.
Questions:
1.Is that proof will be enough for HO to except,
2.in Eea2 forum i have to fill section 1,4,6 and 10.
3.in section 6 of EEA2 form they ask about evidence of employment and click the relevant.
(i) contract
(ii) most recent wage slip minimum one
(iii) letter from employer confirming she was working
As i mentioned above my friend got only one single proof that confirm of tax calculations on year 2012--2013 covering the divorce period and short letter from HMRC with her employer name mentioning starting date of work , shall i attached this with covering letter and request HO to except this letter as proof. Or what should i do with this form of evidence

Please members advise me on that issue. Thanks

your friend is not alone. I've seen many forum members also in the same position. A letter from the employer may be. IS there anyway your friend can get a letter from the EU employer . Is SHE ( EU national ) still working in the same workplace ?

[Kasi123]

Thanks for your reply
He tried everything to get proof but no success.off course he cant getfrom employer as they cant pass any information of their employ.she is working at same place in which letter from HMRC mentioned. Would this proof is not authentic and enough which is from HMRC and also tax calculation from HMRC/NI that she was working in 2012...2013 and paying tax???

Also in form eea2 they didint ask for non eea to show that he is working, i believe after divorce non eea have to establish that they will not be burden here and they are working or exercising treaty rights as their eea national was before marriage?

[Obie]

You may have a big fight ahead of you as they seem to request a lot more than you can provide.

Also see EEA 2 Form

[Kasi123]

Thanks obie
Which kind of proof HO can ask,i read many threads here that for retain right they only want that Ex Eea was working on decree absolute and as a proof HO need pay slip or contract letter,

But all my friend have that letter from HMRC which confirm her employment start that with that employer dated 12-7-2012 no end date mention as she is still working their, and i checked that employer is a employment agency who recruits for different employers, and also tax calculations for year 5 april 2012 to 5 april 2013?
I did check form Eea2 which clearly wants pay slip, contract letter or letter from employer to confirm Eea is still working their,obliviously they didnt ask anything about HMRC letter etc.
So do you think they will not give him new RC for 5 years because of not supplying enough proof of Ex Eea national( she is/will not helping at all)? But do you think he have to fight in court in appeal?
Also do i have to fill section 1,4,6,10 in Eea2 form ?

[Obie]

You may wish you do a cover letter detailing the situation in regards to lack of cooperation and see how UKBA sees it.

You may be able to succeed with that at tribunal if it reached that far. I have come accross similar matter like that.

[Kasi123]

Thanks again Obie
Finally can you please answer this?
I need to fill section 1,4,6, and 10 in form Eea2????
Do i need to send non Eea national payslips or contract letter because in eea2 form , their is nothing like that

[Kasi123]

Can any one please answer upper questions?

[fatimahh]

You Should have a look at this doc: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

"5.4.3 Making an application following divorce or annulment of marriage / dissolution of civil partnership
The following documents must be supplied:
Passports of the non-EEA family members Divorce certificate/certificate showing termination of civil partnership Evidence that at least one of the non-EEA family members is a worker, self-employed or self-sufficient.
If we have not previously issued a Residence Card [color=red][color=red][b]we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time[/b][/color]."[/color]

[fatimahh]

Sorry Anyone help please, definitely do not want to die "Stupid" , how exactly do you manage to quote or add color to your text. For some reason it never work for me loool

[Nimitta]

I have no clue. I just quoted your message without changing anything, and it went out red.

If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time."

[fatimahh]

[quote="Nimitta"]I have no clue. I just quoted your message without changing anything, and it went out red.

[quote="fatimahh"]
If we have not previously issued a Residence Card [color=red][color=red][b]we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time[/b][/color]."[/color][/quote][/quote

thank you Nimitta - Well nothing i can do then
Kasi123 i have highlightned the wrong part please note that it says [color=red]Evidence that at least one of the non-EEA family members is a worker, self-employed or self-sufficient[/color] so how will you prove that unless via non-EEA payslips or contract letter if working or other docs related to selfemployment or bank statement and source of funding if self-sufficient + CSI in that case. Guru correct me if i am wrong regarding CSI lol

[askmeplz82]

I have no clue. I just quoted your message without changing anything, and it went out red.

If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was exercising Treaty rights during that time."

there is an option to change colour . top left

see this image

http://i575.photobucket.com/albums/ss20 ... 123234.png

[fatimahh]

Thank you askmeplz82, that is the one i am using but still lool

[Kasi123]

Do I need to fill section 1,4,6, and 10 in form Eea2????

[askmeplz82]

Do I need to fill section 1,4,6, and 10 in form Eea2????

and 9 too

[Kasi123]

Thank you askmeplz82, what do you think after reading above, will that proof gona be enough with a covering letter(as Obie advise aswell) for UKBA to give my friend retain rights 5 years new RC?