pr after retaining right of residence

jamesadewale200 · Post by **jamesadewale200** » Mon Oct 21, 2013 7:33 pm

I will like to share my experience with the board members, I rang the European enquiry line asking what documents I need to provide if I want to apply for pr after HO have issued another rc and a letter confirming I have a retained right of residence,I was told that I do not need any documents from my ex,they just need my own documents after divorce as they have already seen it when confirming a retained right of residence.seems HO is begining to apply the law correctly

askmeplz82 · Post by **askmeplz82** » Mon Oct 21, 2013 11:39 pm

jamesadewale200 wrote:I will like to share my experience with the board members, I rang the European enquiry line asking what documents I need to provide if I want to apply for pr after HO have issued another rc and a letter confirming I have a retained right of residence,I was told that I do not need any documents from my ex,they just need my own documents after divorce as they have already seen it when confirming a retained right of residence.seems HO is begining to apply the law correctly

DO you mean PR after 5 years marriage or PR after retained right of residence?

Well i don't think so and i'm 100% sure everyone here will agree with me that Home office still require you send EEA national exercise treaty right after marriage and before divorce if you apply 5 years after marriage

other if 5 years after retained right of residence then your only

Ricardo · Post by **Ricardo** » Mon Oct 21, 2013 11:59 pm

This is interesting. I will like hear from the OP about the possibility of applying for PR without ex documents.

jamesadewale200 · Post by **jamesadewale200** » Tue Oct 22, 2013 2:26 am

It's for PR after a confirmation of retained right of residence by ukba

askmeplz82 · Post by **askmeplz82** » Tue Oct 22, 2013 6:36 am

jamesadewale200 wrote:It's for PR after a confirmation of retained right of residence by ukba

i know it's for PR

but 5 years after marriage or 5 years after retained right of residence ?

if 5 years after retained right of residence then Home Office is right

Nimitta · Post by **Nimitta** » Tue Oct 22, 2013 10:18 am

askmeplz82 wrote:Well i don't think so and i'm 100% sure everyone here will agree with me that Home office still require you send EEA national exercise treaty right after marriage and before divorce if you apply 5 years after marriage other if 5 years after retained right of residence then your only

Oh yes, if non-EEA wishes to count 5 years since the very start (that is, since the day when both EEA and non-EEA are in the UK, married and bla-bla-bla Treaty Rights) then EEA national's supporting documents are required for the period you mentioned.

jamesadewale200 · Post by **jamesadewale200** » Tue Oct 22, 2013 2:17 pm

It's for time of marriage and time retained right was confirmed which shows 5 years all together,that's what I explained to the HO lady and she said they don't need my ex document again

askmeplz82 · Post by **askmeplz82** » Tue Oct 22, 2013 3:49 pm

jamesadewale200 wrote:It's for time of marriage and time retained right was confirmed which shows 5 years all together,that's what I explained to the HO lady and she said they don't need my ex document again

see because you already showed evidence of EEA national exercise treaty right continuously before divorce .

but for Retained right of residence you don't need to show continues exercise treaty right after marriage

- 1 yr UK residence

- 3 years marriage

- exercise treaty right before divorce finalised ( 4 - 6 months )

Ricardo · Post by **Ricardo** » Tue Oct 22, 2013 10:37 pm

I dont know why people dont want to believe the OP. The advice maybe right or wrong. I remember in my case when I said that my caseworker confirmed my RC by email no one believed me. I complained to him by email about the wrong letter he sent with my RC, he replied in less than 24 hours and sent the correct letter the following day. So, a lot of things are possible that we may not know.

askmeplz82 · Post by **askmeplz82** » Tue Oct 22, 2013 11:21 pm

Ricardo wrote:I dont know why people dont want to believe the OP. The advice maybe right or wrong. I remember in my case when I said that my caseworker confirmed my RC by email no one believed me. I complained to him by email about the wrong letter he sent with my RC, he replied in less than 24 hours and sent the correct letter the following day. So, a lot of things are possible that we may not know.

Well because people working as administrator / operator are always wrong.
They don't give correct information . I can only trust a caseworker but not an administrator

Ricardo · Post by **Ricardo** » Wed Oct 23, 2013 8:37 am

Well because people working as administrator / operator are always wrong.
They don't give correct information . I can only trust a caseworker but not an administrator[/quote]

Agreed, but I wont dismiss it completely. I personally have spoken to some of their administrator who gave correct advice and some who doesnt know anything about immigration law. Whenever I have time I will call to confirm this information.

Kasi123 · Post by **Kasi123** » Wed Oct 23, 2013 9:38 am

I will be very happy if HO dont ask any information of EX eea national exercising treaty rights after retained right of residents,when applying PR. And many members in the form have in same situation,logically it should be non eea after retaining his rights exercising treaty rights..

Babz · Post by **Babz** » Wed Oct 23, 2013 1:47 pm

Ricardo wrote:I dont know why people dont want to believe the OP. The advice maybe right or wrong. I remember in my case when I said that my caseworker confirmed my RC by email no one believed me. I complained to him by email about the wrong letter he sent with my RC, he replied in less than 24 hours and sent the correct letter the following day. So, a lot of things are possible that we may not know.

True...I was informed that my first application was refused via email(after my MP inquired about the progress)

Davmck70 · Post by **Davmck70** » Fri Oct 25, 2013 3:47 pm

jamesadewale200 wrote:I will like to share my experience with the board members, I rang the European enquiry line asking what documents I need to provide if I want to apply for pr after HO have issued another rc and a letter confirming I have a retained right of residence,I was told that I do not need any documents from my ex,they just need my own documents after divorce as they have already seen it when confirming a retained right of residence.seems HO is begining to apply the law correctly

I advice you stick to the guidelines for application for PR via EEA 4 forms. Depending on RROR you are claiming, it may be vital to provide evidence EEA was exercising treaty rights in UK after wedding prior to divorce as stated in the guidelines. To claim RROR in UK for a PR application, I would suggest you consider the following:
a. Have you been married for at least 3 years and lived together in the UK for at least one of the 3 years?
b. To qualify for PR, your EEA national family member must normally have exercised treaty rights in the UK for a continuous 5 year period through self employment. RROR retained only via divorce from EEA national must satisfy condition (a) above and also you are only required to provide evidence of the EEA national exercising treaty rights prior to divorce.

Oke1 · Post by **Oke1** » Mon Oct 28, 2013 8:05 am

Hello ricado pls how can I get my caseworker
Email so can let him know that he send me
Wrong letter with my ror pls let me know or can I
Can and ask of Is name, ask for his email
Address pls

Nimitta · Post by **Nimitta** » Mon Oct 28, 2013 9:15 am

Kasi123 wrote:I will be very happy if HO dont ask any information of EX eea national exercising treaty rights after retained right of residents,when applying PR. And many members in the form have in same situation,logically it should be non eea after retaining his rights exercising treaty rights..

We are dealing here with two periods: one period is when nonEEA and EEA are married, one when they are not anymore family members.

1. The two different periods are sort of fundamentally different for the nonEEA. For the period of time when nonEEA is still a family member of EEA, there ARE NO REQUIREMENTS for the nonEEA to work (study ec.) because there are no "Treaty rights" per ce for a nonEEA to follow. NonEEA has no "independent" rights while married, but neither he/she has any independent obligations. The rule is very logical, very straightforward, very clear.

2. The nonEEA becomes independent in terms of his/her rights and obligations AFTER divorce, and that change applies only for the period since Decree Absolute was issued. The rule does not work backwards so to speak, it cannot be applied retroactively.

3. So, if nonEEA in his/her application for the PR wishes to include the period BEFORE divorce, than EEA documents should be included. Why? Because it still stays true that for the period before divorce nonEEA had no independent rights/obligations. Otherwise, say, suppose nonEEA had not been working/studying etc for three years while he/she was still married. So, if we would follow what you think is logical, then after divorce nonEEA should be penalized for not exercising his Treaty Rights while being married. But according to the Directive nonEEA has no obligation to work (his/her EEA family member has). They can if they want, but they don't have to. This rule does not work backwards. NonEEA cannot be neither penalized nor rewarded for working/not working during the period of time when he/she is still a family members of EEA.

So, I believe what OP said (meaning the OP did not make it up). He indeed called the HO and they told him that. I am just saying that what he was told is neither correct nor logical.

Ricardo · Post by **Ricardo** » Mon Oct 28, 2013 4:43 pm

Oke1 wrote:Hello ricado pls how can I get my caseworker
Email so can let him know that he send me
Wrong letter with my ror pls let me know or can I
Can and ask of Is name, ask for his email
Address pls

Hi Oke, I dont know how to get Caseworker email. My case was quite different. He sent me email asking for a copy of my D37 and I replied to that email.

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