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Confused and need help pls.-ROR

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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NG1983
Junior Member
Posts: 59
Joined: Wed Apr 11, 2012 6:54 pm
Location: LEICESTER
United Kingdom

Confused and need help pls.-ROR

Post by NG1983 » Thu Sep 01, 2016 10:12 am

I have been a silent visitor on this forum recently, I must commend the gurus and everyone for their help on this forum.
Abit of my history,got married to EEA citizen outside EU on sept 2011, marriage broke up and divorce started at country of marriage in November 2014 and divorce completed feb 2015. Applied for ROR in February 20th 2016 whilst on maternity and. As limited liability director and has just been provided with a new residence card today.

So my confusion !!

The letter sent by home office to inform me a RC card has been approved stated that The residence has been issued on that basis I that you retain your right of residence in UK despite ur relationship with EEA national has ended.

On receiving my BRP I noted the wordings on it, and I'm a bit confused about it,the wordings States in front Type of permit-Family member -EU residence and at the end it says residence card of a family member of a union citizen, and at the back on remark sit says EU Right to reside.,

So my question is , is this the right BRP ??with that wordings as I was expecting it to be different as I have seized to be a family member of an EEA national.wont this prove a problem for me at the airport if they ask about my husband?Has anyone got a RC on basis of Retention of right, please what is written on it.
If this is a mistake how do I hi about changing it.

Lastly , when I'm I due to apply for permanent residence card, as it is my anniversary this September, however I moved into UK in November, so I was thinking of applying by November this year for a permanent residence card, please advise.
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NG1983
Junior Member
Posts: 59
Joined: Wed Apr 11, 2012 6:54 pm
Location: LEICESTER
United Kingdom

Re: Confused and need help pls.-ROR

Post by NG1983 » Thu Sep 01, 2016 4:38 pm

Pls the gurus and everyone,I need a response please,any contribution wil must be appreciated.Thank
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noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Confused and need help pls.-ROR

Post by noajthan » Thu Sep 01, 2016 4:41 pm

Apply for confirmation of PR on latest of your 5th wedding anniversary and anniversary entering UK;
assuming you have been exercising treaty rights since the divorce absolute (and no prolonged absences from UK).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

NG1983
Junior Member
Posts: 59
Joined: Wed Apr 11, 2012 6:54 pm
Location: LEICESTER
United Kingdom

Re: Confused and need help pls.-ROR

Post by NG1983 » Thu Sep 01, 2016 7:42 pm

Thanks you so much for this information..I appreciate.my first anniesssary is this sept 2016 and my 5th anniversary of entering UK is in November 2016.i have only be absent a month in 2013,2015 and then 2016, so I think thT should be ok.i am working as a director of limited company (Contract medical doctr in his Nhs or as a locum doctor as is referee,so I'm steady in my job.thanks wil do that mayb end of the year.Thanks you for respon ding
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iamanalien
Junior Member
Posts: 65
Joined: Wed Apr 29, 2009 12:21 pm

Re: Confused and need help pls.-ROR

Post by iamanalien » Thu Sep 01, 2016 7:56 pm

The ROR is actually stronger in the long term when you apply for permanent residence as they will assess your application in your own right.
Travelling under EU treaty rights can be problematic even when you're travelling with a spouse.
My advice is for you to print the relevant information from the internet and carry this with you. You will probably encounter immigration officials that won't have an idea of what you're talking of.
You will have to stand your ground and explain what ROR is and that you are no longer dependent on your ex EU spouse.

iamanalien
Junior Member
Posts: 65
Joined: Wed Apr 29, 2009 12:21 pm

Re: Confused and need help pls.-ROR

Post by iamanalien » Thu Sep 01, 2016 8:05 pm

Also, bear in mind that ROR cases are dealt with under EU law and not the host nations national laws.
So any residence card that is issued will be linked to the EU treaty rights. It is only when you are granted (after a successful application) permanent residence under the host nations laws, that you will then be dealt with under that Nations immigration rules.

NG1983
Junior Member
Posts: 59
Joined: Wed Apr 11, 2012 6:54 pm
Location: LEICESTER
United Kingdom

Re: Confused and need help pls.-ROR

Post by NG1983 » Thu Sep 01, 2016 9:42 pm

Thanks for the information,wil have to travel with the letter from the HO which states that am no longer dependent on my EU national.your right some of the Immigration officers aren't familiar with the rules.
I haven't got any plans of traveling ow, wil have to apply for permanent residence by dec 2016 as that's a month after my fifth anniversary of entering UK, as a partner of EU national.
Wil have to include the same doc for my ROR application and then my payslips since decree absolute and evidence of my absence from UK.

I'm so grateful for ur response,people on this forum has been a blessing to others and we are grateful .
PRICELESS

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