ROR After Divorce Based on 2 Years Separation

[pessoam]

Hey guys - I'm working on my divorce petition but need help with 'grounds for divorce'

Started dating: April/2008
Married: April/2013
RC issued: June/2013 (valid until June/2018 - before that, Student Visa, then PSW visa)
Separated: November/2014
Divorce: not filed yet
(Both working full-time and never claimed any benefits)

We are in mutual agreement and I'm not too sure how to justify the divorce. Will I have any trouble with my ROR application if I wait until December to file for divorce and use 'two years separation' as grounds for it?

Also, I see the new EEA(FM) form (Section 5, E) aks 'Do you or your sponsor currently have another spouse or civil partner, or an unmarried or a same-sex partner with whom you or they are in a durable relationship?', in fact we both have new partners (I am in a relationship with a British citizen). I don't want to omit information from HO but would it affect my ROR application?

Hope anyone here able to help. Thanks!

[Wise]

If you have not divorce everything still stand the same. Also if both parties agree have new partner now then both of you should be able to know why you both decided to do that.

The simple answer to the application question is for you to say yes that both parties choose to separate and with new partner and no implications on anyone of you.

[pessoam]

HI Wise, thank you for replying.

Yes, we both know why we've decided to separate 19 months into the marriage. We were together for 5 years when we got married but things changed after that. I suppose that it happens to a lot of couples but in our case there's the weight of me being a non-EEA living in the UK to complicate things.

Our decision was purely based on clashes of character, which led to several arguments and to us sadly growing apart. However, there are no such grounds when you have to fill the divorce form. We thought about waiting for the 2 years separation (in December) and taking that route BUT would that hurt my ROR application? I know I need to explain to HO why we haven't been living together but I don't know how they would see that. Any thoughts please?

You said to say 'yes' on the application part about new relationships, and to explain why we both decided that. I agree 100% as I wouldn't want to give false information. Do you or any other member know of anyone (or are themselves) in the same situation? Were they succesful in retaining their rights?

[Wise]

I think I can help from my own experience. I divorce my ex simply because of many arguments and when I fill my divorce form myself I just put my reason for the divorce which is our argument is unbearable and am disturb emotionally. Which in my form class as unreasonable behaviour.

When she got the copy of the form from sent to her by the authority she sign it and send it back, because that time we both knew it was over and that was how the process started. It took four months to received the divorce absolute anyway. But if you want to go down the route of separation that's fine, but the altemate thing is her treaty right as this is the only option you have left. She must continue working up till you both divorce.

I did my EEA applications myself because I was able to get at least enough of her treaty right.

Good luck.

[pessoam]

Thank you for sharing your experience. Wise. That certainly helps a lot, and I think it could be a route used for our divorce.

As for ROR, my ex has already given me his P60s since 2004 and will help with whatever docs I need, which is good. I am also working full-time and we lived together for 19 months. Now all I need is the Decree absolute. Hope everything works out fine. Thanks again!