RoR or PR?

Sofija · Post by **Sofija** » Tue Nov 05, 2013 8:14 pm

Hello guys

I am new to this forum, but could see that you give excellent advises. Hope you will be able to help me with my "issue". I have been married to EEA national from April 2009 until October 2013. My question is: shall I apply for ror or wait till April 2014 and apply for PR?

P.S. ex husband is working since 2004

Thank you

Imshzd · Post by **Imshzd** » Tue Nov 05, 2013 8:48 pm

If you have your ex s treaty rights from April 2009 till divorce and you are working now then wait for 6 months more and go for PR.

Ricardo · Post by **Ricardo** » Tue Nov 05, 2013 8:49 pm

Did your ex ever applied for EEA 1 or 3 if yes, when?

Did you ever applied for EEA 2?

Sofija · Post by **Sofija** » Tue Nov 05, 2013 8:59 pm

I do have his P60's from 2007, and I work full time + doing my masters degree. Hubby never applied for EEA3 or EEA1.

Sofija · Post by **Sofija** » Tue Nov 05, 2013 9:00 pm

oh, and I do have my EEA2 until November 2014.

Ricardo · Post by **Ricardo** » Tue Nov 05, 2013 9:43 pm

It's better to apply for RoR, then PR on November 2014. You never know what will happen between now and November 2014.

Sofija · Post by **Sofija** » Tue Nov 05, 2013 9:57 pm

Correct me if I am wrong, but shall I not apply for PR in April (when I married my husband)?
The reason I am not applying for ror is that I am going away in December. So, by the time I come back will be Jan... No point sending my passport in Jan, when I can apply for PR in April (?)

Post by **Obie** » Tue Nov 05, 2013 10:30 pm

Provided you have indeed retained your right of residence and has documents evidencing this, there is no point applying for ROR until you are due for PR.

Ricardo · Post by **Ricardo** » Wed Nov 06, 2013 12:33 am

Sofija wrote:Correct me if I am wrong, but shall I not apply for PR in April (when I married my husband)?
The reason I am not applying for ror is that I am going away in December. So, by the time I come back will be Jan... No point sending my passport in Jan, when I can apply for PR in April (?)

If you are travelling outside the UK by December, then you may not be able to re-enter the UK. That is why it's better for you to apply for RoR ASAP.

Post by **vinny** » Wed Nov 06, 2013 12:53 am

I think that if you apply for ROR or PR, then the burden of proof, to show that you have retained the right of residence, is on you.

However, if an Immigration Officer refuses you entry when you have a valid residence card (i.e. revokes your card), then the burden of proof, to show that you haven't retained the right of residence, is on the Revoker.

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RoR or PR?

RoR or PR?