Retained right of residence after divorce

[Ravian627]

Hi.im married with European national from almost 5 years and she gonna apply her pr card in march 2017 but we are seperated so now im looking to apply for divorce and then ror..can pls someone tell me how long the divorce process is and wt is the chances of getting ror or shall i wait first to get her pr card?hope to hear from anyone.tnxs

[noajthan]

Why cant you apply for DCPR too?

[Obie]

Hi.im married with European national from almost 5 years and she gonna apply her pr card in march 2017 but we are seperated so now im looking to apply for divorce and then ror..can pls someone tell me how long the divorce process is and wt is the chances of getting ror or shall i wait first to get her pr card?hope to hear from anyone.tnxs

It is dependent on which Area of the UK you are based.

London Divorce are taking much longer than Midlands.

In law, it is immaterial when you decide to apply.

[Casa]

It also depends greatly on under which grounds you or your wife are petitioning for divorce. Unless both parties agree to divorce it can take between 2-5 years of separation, depending on what the Court calls 'the facts'.
https://www.gov.uk/divorce/grounds-for-divorce

[Ravian627]

Why cant you apply for DCPR too?

Hi thanks for yourvreply n sorry for late reply bcoz i didnt get any notification about your msg..can you pls tell me wt is DCPR?

[Ravian627]

Hi.im married with European national from almost 5 years and she gonna apply her pr card in march 2017 but we are seperated so now im looking to apply for divorce and then ror..can pls someone tell me how long the divorce process is and wt is the chances of getting ror or shall i wait first to get her pr card?hope to hear from anyone.tnxs

It is dependent on which Area of the UK you are based.

London Divorce are taking much longer than Midlands.

In law, it is immaterial when you decide to apply.

Hi thanks for reply and i live in Liverpool so i think is gonna b Liverpool family court..thanks

[noajthan]

Why cant you apply for DCPR too?

Hi thanks for yourvreply n sorry for late reply bcoz i didnt get any notification about your msg..can you pls tell me wt is DCPR?

DCPR = document certifying permanent residence

[Ravian627]

It also depends greatly on under which grounds you or your wife are petitioning for divorce. Unless both parties agree to divorce it can take between 2-5 years of separation, depending on what the Court calls 'the facts'.
https://www.gov.uk/divorce/grounds-for-divorce

Hi.thanks for reply i didn't get any notification for your reply.now i changed the setting and she cheated on me but she is not agree i write this in divorce petition and i also dont wana write this bcoz i need her cooperation during divorce.any advice what shall i write?

[Ravian627]

Why cant you apply for DCPR too?

Hi thanks for yourvreply n sorry for late reply bcoz i didnt get any notification about your msg..can you pls tell me wt is DCPR?

DCPR = document certifying permanent residence

Hi thanks but the thing is she started having trart right in 03/12 and we narried in 2011 so i think she can apply pr card in 03/17 but i got my first RC in 12/12 so i think i cant apply DCPR bfr 12/17? Is that right?

[noajthan]

Hi thanks but the thing is she started having trart right in 03/12 and we narried in 2011 so i think she can apply pr card in 03/17 but i got my first RC in 12/12 so i think i cant apply DCPR bfr 12/17? Is that right?

The date of an optional RC that you happen to have is irrelevant for a direct family member.

5 years of your sponsor exercising treaty rights is what you need. With rock-solid evidence to back it up.

[Ravian627]

Hi thanks but the thing is she started having trart right in 03/12 and we narried in 2011 so i think she can apply pr card in 03/17 but i got my first RC in 12/12 so i think i cant apply DCPR bfr 12/17? Is that right?

The date of an optional RC that you happen to have is irrelevant for a direct family member.

5 years of your sponsor exercising treaty rights is what you need. With rock-solid evidence to back it up.

Yes this is the problem i think bcoz like one two year she was working part time like 15 hrs a week so im not sure she was having treaty rights or notlole this but the job was genuine n she is still working there from last 4 years...so wt is best way for me?apply my DCPR in 03/17 bcoz or go for ROR n then DCPR?

[noajthan]

Yes this is the problem i think bcoz like one two year she was working part time like 15 hrs a week so im not sure she was having treaty rights or notlole this but the job was genuine n she is still working there from last 4 years...so wt is best way for me?apply my DCPR in 03/17 bcoz or go for ROR n then DCPR?

If there is a gap in sponsor's record then you/she have a problem.

Otherwise, application for confirmation of PR is obviously simpler if you can hold off the divorce until DCPR/PRC is in the bag.

[Ravian627]

Yes this is the problem i think bcoz like one two year she was working part time like 15 hrs a week so im not sure she was having treaty rights or notlole this but the job was genuine n she is still working there from last 4 years...so wt is best way for me?apply my DCPR in 03/17 bcoz or go for ROR n then DCPR?

If there is a gap in sponsor's record then you/she have a problem.

Otherwise, application for confirmation of PR is obviously simpler if you can hold off the divorce until DCPR/PRC is in the bag.

Ops this is not good news but i dnt think so that there is any gap but We dnt have good relations anymore so i dnt wana wait long before she disappear somewhere.cant i get ROR n get DCPR on my 5 years treaty right if i dnt get in 03/17 but does brexit gonna affect something? N thank you for your all msgs

[noajthan]

Ops this is not good news but i dnt think so that there is any gap but We dnt have good relations anymore so i dnt wana wait long before she disappear somewhere.cant i get ROR n get DCPR on my 5 years treaty right if i dnt get in 03/17 but does brexit gonna affect something? N thank you for your all msgs

In that case you need to be divorced before applying for ROR.

You only need to hang on 7 months or so to submit an application for confirmation of PR.
Divorce could take longer than that.

[Ravian627]

Ops this is not good news but i dnt think so that there is any gap but We dnt have good relations anymore so i dnt wana wait long before she disappear somewhere.cant i get ROR n get DCPR on my 5 years treaty right if i dnt get in 03/17 but does brexit gonna affect something? N thank you for your all msgs

In that case you need to be divorced before applying for ROR.

You only need to hang on 7 months or so to submit an application for confirmation of PR.
Divorce could take longer than that.

Yes ok but one thing making me worried that once i get ROR then can i get my DCPR after 5 years on my ROR ?i think UK coming out next year from EU so can i still get DCPR after 5 years of getting ROR or i need to get DCPR before brexit?

[Obie]

Period of residence as Family member and Retention can be almamalgamated or aggregated toward Permanent Residence under regulation 15 (1)(f).

If you will be applying under regulation 15 (1)(b), you should be honest that you are separated, as you may well be invited to an interview.

[Ravian627]

Period of residence as Family member and Retention can be almamalgamated or aggregated toward Permanent Residence under regulation 15 (1)(f).

If you will be applying under regulation 15 (1)(b), you should be honest that you are separated, as you may well be invited to an interview.

Well thanks but im v confused what to do .shall i wait 7 month to apply for DCPR or get divorce then ROR n then dCPR ..any advice pls:(

[Obie]

If your marriage is broken beyond repairs, then divorce.

That is a decision for you to make.

For as long as you remain a family member, you will be required to demonstrate that she is a qualified person residing in the UK.
After divorce, you will need to demonstrate that you are working or self-employed.

[Obie]

If your marriage is broken beyond repairs, then divorce.

That is a decision for you to make.

For as long as you remain a family member, you will be required to demonstrate that she is a qualified person residing in the UK.
After divorce, you will need to demonstrate that you are working or self-employed.

[Ravian627]

If your marriage is broken beyond repairs, then divorce.

That is a decision for you to make.

For as long as you remain a family member, you will be required to demonstrate that she is a qualified person residing in the UK.
After divorce, you will need to demonstrate that you are working or self-employed.

In our marriage there is no way back now bcoz she cheated got pregnant and start living with someone else .she want divorce ASAP so i dnt think i should wait till 03/17 to apply DCPR which im not sure she was qualified all 5 years so i think i should apply divorce n apply ROR and then Apply DCPR or ROR base...can i do like this?waiting to hear from you

[Obie]

You could. Entirely your choice to make.

[Ravian627]

You could. Entirely your choice to make.

Yes i know but if you were me then wt choice u was gonna do?wait till 03/17 for DCPR or apply divorce n get ROR?
Like i said i dnt think she will cooperate with me if i dont apply divorce so i really dont know what to do thats why i am here so i can get advice n help to choose about which way to choose...

[Obie]

Well i don't know what your shoes is, so i cannot say what i will do if i was in it.

You come to the forum and i provide general advise for the benefit of everyone.

You say the woman does not want you and want a divorce, and you say you do not want her as she has had a baby with another man.

Then it is divorce territory. What advise can i give that will make a difference to the case.

You and her seem to have decided what you want anyway.

I was simply seeking to set out that whatever scenario you choose may potentially falls within the scope of the law.

[Ravian627]

Well i don't know what your shoes is, so i cannot say what i will do if i was in it.

You come to the forum and i provide general advise for the benefit of everyone.

You say the woman does not want you and want a divorce, and you say you do not want her as she has had a baby with another man.

Then it is divorce territory. What advise can i give that will make a difference to the case.

You and her seem to have decided what you want anyway.

I was simply seeking to set out that whatever scenario you choose may potentially falls within the scope of the law.

Yea thanks i think i will go for divorce and ROR ..