EEA FM planning to divorce - ROR?

[boho]

Hi, I need very quick answers please can anyone help me?
I've been married to European girl in 2011 April and I've been granted 5 year visa RC and my visa will be finish in July this year 2016.last year in September we broke up . and we are divorcing now. She has been working last 4 years and she is still working .Am I be able to apply to ROR?
But I spoke with her solicitor and she said I will get absolute degree beginning of August which my visa will be finish already. Am I still will be eligible to ROR?
Please can someone give me advice ASAP Please
Thanks beforehand

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

And kindly refrain from posting repeat copies of same question over forum on other member's posts..

[noajthan]

What's the rush?

Has sponsor/spouse been exercising treaty rights since marriage?
You mentioned 4 years work.
What was spouse's activity in the other (5th) year?

If spouse has exercised rights continuously for 5 years already you may have hit the jackpot and acquired PR already - in last April on 5th wedding anniversary.
(Under EU law its not mandatory to co-habit even if married).

Why do you not look into applying for confirmation of PR?

[boho]

Thanks for your quick answer.As I know she must be qualified person all 5 year but in 2011 she didn't work about 7 month which I can't proof that she has been qualified person whole 5 year. I think I can not do PR
I'm just worrying about absolute degree which I'll get late about 3 weeks after my visa expires. what do you think if I apply to ROR after my visa expired?
Thanks beforehand

[noajthan]

Thanks for your quick answer.As I know she must be qualified person all 5 year but in 2012 she didn't work about 7 month which I can't proof that she has been qualified person whole 5 year. I think I can not do PR
I'm just worrying about absolute degree which I'll get late about 3 weeks after my visa expires. what do you think if I apply to ROR after my visa expired?
Thanks beforehand

A RC is not a visa.
As you are a direct family member a RC is optional anyway - so you should be ok.

You would have done yourself a favour to delay the divorce.
But you should be good to shoot for ROR.

If you are estranged suggest gathering vital documents (as much as possible) asap.
Don't leave it too late and find they're not available.

[boho]

Thanks a lot for your quick response.

[boho]

Hi noajthan, I spoke today with my wife, I think we can stop divorcing prosess so what I can do after? Shall I apply again to RC?
Because my visa will be expired in 09 of July and what kind of docs I need to sent this time?
Please can you give me advice
Thanks beforehand

[noajthan]

Hi noajthan, I spoke today with my wife, I think we can stop divorcing prosess so what I can do after? Shall I apply again to RC?
Because my visa will be expired in 09 of July and what kind of docs I need to sent this time?
Please can you give me advice
Thanks beforehand

That's wonderful.

Just keep going as you are then.
(Even co-habitation is not mandatory under EU law for a couple on the EU migration route).

As long as your spouse/sponsor remains in country and remains exercising treaty rights you can power on until her 5th year of work;
- sometime in 2017 isn't it?
Then apply for both of your confirmations of PR.

Don't forget a RC is not a 'visa'.
You don't need any documentation in order to remain residing in UK. Working or studying too if you feel like it.

It's all about your spouse/sponsor keeping you both going by exercising treaty rights.

[boho]

Thanks for your quick response NOAJTHAN. But I'm worrying of immigration, because couple month ago immigration came to my work place 3 times in a month and checked me , and they said soon your visa will be expired, what you are going to do? Will you apply again to RC or PR ?
What it will happen if they come and check me again?
Thanks beforehand

[noajthan]

Thanks for your quick response NOAJTHAN. But I'm worrying of immigration, because couple month ago immigration came to my work place 3 times in a month and checked me , and they said soon your visa will be expired, what you are going to do? Will you apply again to RC or PR ?
What it will happen if they come and check me again?
Thanks beforehand

That's just scare tactics.
Suggest they go back to 'Immigration school' and study some Immigration 101 namely the EU Directive 2004/38/EC.

Ofcourse you can apply for a RC if you wish.
Its an optional but handy confirmatory document that can demonstrate your rights to anyone who wants to know. (You could show it to the 'officer' who can read).
But you have your rights through your sponsor not through a BRP.

[Noetic]

Thanks for your quick response NOAJTHAN. But I'm worrying of immigration, because couple month ago immigration came to my work place 3 times in a month and checked me , and they said soon your visa will be expired, what you are going to do? Will you apply again to RC or PR ?
What it will happen if they come and check me again?
Thanks beforehand

Seriously? That doesn't sound right to me - if you have any identifying information on the people who threatened you at work like that you should try and report this - does not sound like appropriate behaviour to me!

[boho]

Thanks for your support, I really really appreciate. I feel much better now. We will go today to her solicitor to stop divorcing prosess

[boho]

Hello Noajthan angina Noatec, how are you?
I need you again your advice and help please
I think you know my story, My RC visa expired on 15/07/16.
I made application to RC again on 12/07/16.home office received on 13 /07/16.I've checked with my tracking number. but they did take money yet. it's already more than 3 weeks.
Another thing I've received sms last week from capita saying you have no right to stay in the UK. And next day they call me and saying a lot of scary thing (kind of you have to arrange to leave the UK, otherwise we will fine you and we will share information to your work place, to DVLA bla bla bla ) . I said to her that I made application and send to home office on 12 /07/16 and they received next day and she asked me to email them recorded delivery receipt.I did email them. And today I have received another email from them which is saying they contact to home office and there is no on going application and again same scary things. I am a bit lost now, I don't know what to do. Shall i contact to Home office? Normaly how long do i neet to wait to contact to home office ?
And I read on this form some people entering to UK with expired RC visa and why capita chasing me ?
Thanks beforehand
Please can you give me advice ASAP

[noajthan]

As long as your spouse/sponsor remains in country and remains exercising treaty rights you can power on until her 5th year of work;
- sometime in 2017 isn't it?
Then apply for both of your confirmations of PR.

Don't forget a RC is not a 'visa'.
You don't need any documentation in order to remain residing in UK. Working or studying too if you feel like it.

It's all about your spouse/sponsor keeping you both going by exercising treaty rights.

As intimated above, if you are married and sponsor is a qp then you have full weight and power of EU law behind you.

An RC is not a 'visa'. And its optional.

Suggest write to goons at Capita and tell them to stop bothering you. Send copy of letter to your MP.

[boho]

Thanks a lot for your quick response NOAJTHAN
I feel much better now.
And another thing , home office didn't take money yet. is it happened with another people as well? It is already more than 3 weeks.
Do you think should I contact them or is it normal? I can see on this form most of the people's money taking latest 5 working day.
Thanks beforehand

[noajthan]

Its too early to call.

As long as you have funds available, try to relax and sit tight.

(You know application has been received).

[boho]

Its too early to call.

As long as you have funds available, try to relax and sit tight.

Thanks a lot for support Noajthan, I really appreciate your help