Retention of the right of residence

server · Post by **server** » Tue Nov 12, 2013 12:13 am

Hi guys,

I am a Non-EEA national with RC, which will expire in 2016. I have been married for 4 years. My wife wants to live in abroad & because of that our relationship has broken down. Now I am filing for a divorce but solicitor told me I should go for a separation first as it is not possible to go for divorce directly. The divorce is only possible after one year (If she agrees) or two years (if she doesn’t agree) after separation. As of now she has agreed for divorce and willing to provide me all the documents needed. I have checked the form for ROR which says that you can apply if you have divorce, annulment or dissolution. So I want to understand if I have to go for separation first ?, am I still eligible to apply for ROR. Thanks for your answers.

Imshzd · Post by **Imshzd** » Tue Nov 12, 2013 12:33 am

Divorce is possible after one year of Marraige.
As you have been married for 4 years,you can apply for divorce any time.
ROR is not possible unless you divorced.

Post by **Obie** » Tue Nov 12, 2013 1:25 am

I am not sure the solicitor is correct either. If the marriage has irretrievably broken down, then there is no need to wait longer. Seperation will not assist you with retention.

server · Post by **server** » Tue Nov 12, 2013 10:11 am

thanks guys for your answer ! I am living in scotland and they have some different laws regarding divorce than englnad. I will speak to some another solicitor & put update here about my case.

Post by **Obie** » Tue Nov 12, 2013 11:38 am

I understand that there are different laws / procedure in Scotland . But the difference does not affect the topic on this thread.

Post by **Obie** » Tue Nov 12, 2013 12:12 pm

I understand that there are different laws / procedure in Scotland . But the difference does not affect the topic on this thread.

server · Post by **server** » Wed Nov 13, 2013 2:33 am

Obie wrote:I understand that there are different laws / procedure in Scotland . But the difference does not affect the topic on this thread.

I totally agree with you Obie. Thanks very much for the info. I have sent you PM.
cheers !!!

server · Post by **server** » Sun Nov 24, 2013 10:13 pm

hello guys,

I have spoken to another solicitor & he is happy to handle my case & help me out with divorce process.

I would like to know after the process is over for divorce, I should go for ROR by myself or I should contact immigration solicitor.

Is there any other documents apart from following which I need to submit to home office.

1. Payslips of both
2. Bank Statement of both
3. Divorce certificate
4. Birth certificate of my child
5. Maternity leave certificate (because she was on maternity leave for 1 year)
6. My Passport

All these documents should be original or I can send the copies as well.

Thanks

Ricardo · Post by **Ricardo** » Sun Nov 24, 2013 11:30 pm

server wrote:
1. Payslips of both
2. Bank Statement of both
3. Divorce certificate
4. Birth certificate of my child
5. Maternity leave certificate (because she was on maternity leave for 1 year)
6. My Passport

All these documents should be original or I can send the copies as well.

Thanks

These documents should be enough. If you dont want to use a solicitor then a decent cover letter with these documents will be okay.

server · Post by **server** » Tue Nov 26, 2013 4:00 am

Ricardo wrote:
server wrote:
1. Payslips of both
2. Bank Statement of both
3. Divorce certificate
4. Birth certificate of my child
5. Maternity leave certificate (because she was on maternity leave for 1 year)
6. My Passport

All these documents should be original or I can send the copies as well.

Thanks
These documents should be enough. If you dont want to use a solicitor then a decent cover letter with these documents will be okay.

thanks for answer!

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Retention of the right of residence

Retention of the right of residence