Retained rights of residence

[ole-infanta]

Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.

[noajthan]

Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.

My understanding is that, under Regulation 10(5), RoR can transmit to your parents (via your spouse) on your divorce.

See guidance here:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- ref page 15+

[ole-infanta]

Dear noajthan,

Thank you very much for you reply, yes, thats what I thought. Do you think family members may apply to parents-in-law? And also, what do you think I I got my PR already can my parents still apply for their RoR? And also do you think 4 years of living together would be enough? My situation is very critical as my parents are not very well Would appreciate your advice. Thank you.

[ole-infanta]

Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.

My understanding is that, under Regulation 10(5), RoR can transmit to your parents (via your spouse) on your divorce.

See guidance here:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- ref page 15+

Dear noajthan,

Thank you very much for you reply, yes, thats what I thought. Do you think family members may apply to parents-in-law? And also, what do you think I I got my PR already can my parents still apply for their RoR? And also do you think 4 years of living together would be enough? My situation is very critical as my parents are not very well Would appreciate your advice. Thank you.

[ole-infanta]

Retained rights of residence
Postby ole-infanta » Wed Nov 04, 2015 11:34 am

Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.
ole-infanta
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Re: Retained rights of residence
Postby noajthan » Thu Nov 05, 2015 12:01 am

ole-infanta wrote:
Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.


My understanding is that, under Regulation 10(5), RoR can transmit to your parents (via your spouse) on your divorce.

See guidance here:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- ref page 15+
A person can always be sure of what they don't know. They might not be sure of what they know.

We cannot change the cards we are dealt, just how we play the hand. E&OE.
noajthan
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Posts: 1917
Joined: Sat Oct 25, 2014 11:31 am
Location: UK
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Re: Retained rights of residence
Postby ole-infanta » Thu Nov 05, 2015 9:29 pm

Dear noajthan,

Thank you very much for you reply, yes, thats what I thought. Do you think family members may apply to parents-in-law? And also, what do you think I I got my PR already can my parents still apply for their RoR? And also do you think 4 years of living together would be enough? My situation is very critical as my parents are not very well Would appreciate your advice. Thank you.
ole-infanta
Newly Registered

Posts: 4
Joined: Tue Nov 25, 2014 4:45 pm
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Re: Retained rights of residence
Postby ole-infanta » Mon Nov 09, 2015 3:51 pm

noajthan wrote:
ole-infanta wrote:
Hi everyone,

I wonder if anyone can advise help me. My parents who are Russian nationals (both retired) and holding Residence cards valid for 5 years joined me (Russian citizen with permanent residence) and my husband (Latvian Citizen) 4 years ago. Unfortunately, the circumstances changed and we are about to divorce with my husband. I wonder if my parents can retain their right of residence on the basis they are my relatives and I am working.

Thank you.


My understanding is that, under Regulation 10(5), RoR can transmit to your parents (via your spouse) on your divorce.

See guidance here:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- ref page 15+


Dear noajthan,

Thank you very much for you reply, yes, thats what I thought. Do you think family members may apply to parents-in-law? And also, what do you think I I got my PR already can my parents still apply for their RoR? And also do you think 4 years of living together would be enough? My situation is very critical as my parents are not very well Would appreciate your advice. Thank you.

[noajthan]

Dear noajthan,

Thank you very much for you reply, yes, thats what I thought. Do you think family members may apply to parents-in-law? And also, what do you think I I got my PR already can my parents still apply for their RoR? And also do you think 4 years of living together would be enough? My situation is very critical as my parents are not very well Would appreciate your advice. Thank you.

This HO guidance covers extended family members (who is included & so on):
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see, for example, page 7+

You can also include those related by marriage and further generations of the above relatives such as great-aunts, great-nephews and second cousins.

Rights of an extended family member
Extended family members do not have automatic rights to enter and reside in the UK. Under regulation 7(3) of the regulations, an extended family member has the same rights as a direct family member, providing they continue to satisfy the conditions of regulation 8

This is a complex case & you should probably seek professional advice on this matter.
Good luck.