ROR and PR enquiries

[teardrops]

Hi everyone am just updating my present situation, as Iv'e stated before that my ex filed for divorce from last year and he stopped it halfway through so I had was to get things moving forward. He finally sign the forms and the Decree Nesis was issue to me so am waiting for him to apply for the Decree Absolute anytime now.
My questions are can I apply for R.O.R or PR ? my problem is that during the 7 yrs of us been married he wasn't working continually for the first five yrs. He's been living in the UK since 2003 and was always working up to the the time we got married. Now that he's getting his state pension now am not sure how things will work out. I am planning to withdrew my appeal case and then appy for either ROR or PR am not sure which I should go for. I am sure that he will not support me with any paperworks whatsoever. I have been continuously working so am not sure what will happen as soon as I get the absolute.

I reckon my case is so complicated and I wish someone could refer me to a good solcitor who can untangle this web, I don't mind paying whatever fee they are charging but I just need to get my life on track and stop this constant worry and living in uncertainties. I have appointed a solicitor but by the looks of things am not too convience I will be using them becuase the first paperwork that was sent to me was the wrong one even though I have explain my situtaion in a very clearly.

Can anyone say what documents do they submit when applying for R.O.R and were you given the rights to continue working ?

Thanks

[noajthan]

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

[Wise]

Which appeal are referring to? and base on what ground

[Wise]

Hello noajthan,

Sorry there was no link to where the actual thread was moved to.

[noajthan]

Hi everyone am just updating my present situation, as Iv'e stated before that my ex filed for divorce from last year and he stopped it halfway through so I had was to get things moving forward. He finally sign the forms and the Decree Nesis was issue to me so am waiting for him to apply for the Decree Absolute anytime now.
My questions are can I apply for R.O.R or PR ? my problem is that during the 7 yrs of us been married he wasn't working continually for the first five yrs. He's been living in the UK since 2003 and was always working up to the the time we got married. Now that he's getting his state pension now am not sure how things will work out. I am planning to withdrew my appeal case and then appy for either ROR or PR am not sure which I should go for. I am sure that he will not support me with any paperworks whatsoever. I have been continuously working so am not sure what will happen as soon as I get the absolute.

...

Can anyone say what documents do they submit when applying for R.O.R and were you given the rights to continue working ?

Thanks

If sponsor/hubby has ceased activity in UK (retired) then why are you messing about with ROR nonsense
Just shoot for PR as family member of retired person.

If hubby had worked for 12 months before retiring (and had lived in UK for at least 3 years) then you have smashed it and should have acquired PR.

As per PR form:

You can also qualify if you are:

• an EEA national former worker or self-employed person who has ceased activity in the UK
  because you have retired, are permanently incapacitated, or you’re now working or self-
  employed in another EEA state but still retain your residence in the UK;
  the family member or extended family member* of an EEA national who has ceased
  activity

]

See Regulation 5 of EEA Regs:
http://www.eearegulations.co.uk/Latest/ByPage/part1_5

If estranged hubby won't play ball then s.40 of UK Borders Act 2007 is your friend in terms of requesting HO to make appropriate enquiries vis a vis hubby's status & etc.

[noajthan]

Hello noajthan,

Sorry there was no link to where the actual thread was moved to.

This is the active thread. (Moved out from someone else's topic to here).

[teardrops]

Noajthan, thanks for placing my question in the approiate thread and thanks for the replies from the other's. Let me recap my situation from the beginning. I was marry to my EU partner for almost 7 1/2 years now and I was given a resident permit that expired in June of last year, I had applied for permanent resident after but it was refused base on the fact the my husband wasn't working throughout the five years. I submitted a fresh application for another resident permit based on him been retired then but that too was refused becuase my ex cancelled his I.D card during the time my application was with the Home Office becuase he started filing for the divorce hence they render his ID invalid so it lead to another refusal. I made an appeal based n the fact that the ID was already with the Homne Offices so I couldn't see how could it be lost when it was in the Home Office.

When got married in 2009 he was working and lost his job during the recession about 7 months after we got married, he was actively seeking for work but he ended up started collecting his pension credit up until he started getting his state pension. He's been living in the UK since 2003 and he was always working up until after we got married. He also got his resident permit the same time I applied for mine but after the 5 years finished he never applied for his permanent resident. Now that we are divorcing and we are not on any speaking terms, I am wondering if I can either apply for R.O.R or P.R. The fact that he wasn't excersing his treaty right throughout the entire five years as he was supposed to do, would my application takes the same approach if I apply for any either R.O.R or P.R to be refused becuase of the five yrs he wasn't entirely working or would it take the approach of him been retired now ?

I haven't receive the decree absolute as yet but it should be with me shortly. I am planning to withdrew my appeal as soon as I have the absolute in hand but I just need to know what is the best option to go for in terms of my next application. I have been working ever since am here for the past 18 years and I also bought a property and have established a steady life here but I just need to get over with this issue and carry on with life. I would really appreciate it someone can shed a little light on this for me or what is your opinion on my situation.

Thanks.

I

[noajthan]

If hubby worked for a year before he retired then you could reapply for PR on basis of EEA national ceasing activity.

If sponsor's activity was so patchy and there is no continuous 5 year period in which sponsor was a qualified person then you are on a sticky wicket as far as acquiring PR.

ROR application doesn't come into play until you are divorced absolutely so hold that thought.

[teardrops]

Nojthan Thanks for your advise but would I be qualify for R.O.R even though he wasn't excerising his treaty rights for the entire 5 yrs ? I did get a hold of his tax record from H&M and it shows that he's been working before we got married but am not sure if that would bear any weight on my application beucase that was before we get married. Can you say what documents do I have to submit if am going for R.O.R ? Am not sure what else to submit apart from the divorce absolute becuase Home Office have all my supporting documents from the appeal I lodge earlier this year.

Thanks

[noajthan]

Nojthan Thanks for your advise but would I be qualify for R.O.R even though he wasn't excerising his treaty rights for the entire 5 yrs ? I did get a hold of his tax record from H&M and it shows that he's been working before we got married but am not sure if that would bear any weight on my application beucase that was before we get married. Can you say what documents do I have to submit if am going for R.O.R ? Am not sure what else to submit apart from the divorce absolute becuase Home Office have all my supporting documents from the appeal I lodge earlier this year.

Thanks

5 years is not required from hubby for your ROR.

You can dig into such vital matters here:
https://www.gov.uk/government/uploads/s ... _clean.pdf

[teardrops]

Noajthan Thank you very much for this info, I have read the requirements that I will need and I will go for the R.OR instead as to what shwat someone else was saying that I should go for the permanent instead but I believe that R.O.R is more pratical and am ok with the R.O.R until it's time for the P.R

Again I say thanks

[Nimitta]

ROR is practical if you don't take into account brexit.

[teardrops]

Nimatta-- Thank you for your advise and I just receive my divorce absolute today and I will be going after the ROR.

[teardrops]

Hi there, now that I receive my decree absolute in my hand today, I was marry to an E.U national since 2009 and was given a 5 yr permit, it expired June last yr and I applied for P.R a month before it expire but was refused bcause my EX wasn't working thoughtout the 5 yrs. He initiated the divorce last yr and I just got the decree absolute today. My question is, do I have to inform the Home Office of my changing in circumstances or do I just go ahead and submit my application for rights of retention ?

Another question I would like to ask is that my x husband has been getting pension credit for part of the time we were married and he wasn't exercising his treaty rights and I was working throughout that time. Now he's getting his state pension since last year , would he be classified as a qualified person , and if so what evidence would I need to show ? Since we were married for 7 years and living separately for 3 yrs I don't have any proof that we were not living together as it is a requirement that he must be in the UK one yrs during or prior the divorce proceeding, ( am not sure which one it is ) . I know he has been living in the UK during such time because we speak on the phone and we also ended up in court during the divorce, so that is proof that he is still in the country. I have been working over many years and have my pay slips and some P60.

Please let me know if anyone has been through similar situation and what documents you have submitted ?
From what I gather is that the E.U law of interpretation can be very vague and sometimes conflicting, it says one thing and then another, so it is not very straight forward as it appears. I am well aware that our cases are all different and sometimes very complicated as mine so that is why I may be asking the same question differently even though I have been asked to read the government webpage but there's nothing on it that is pertaining to my situation. Am not sure if anyone can recommend a solicitor for me to use becuase I have contacted a few but for some reason my gut feeling is telling me something else becuase they all have different approach and different interpretation in regards to my case. I have absolutely no problem with the fees charge but I just want to have one that I have confident in to let me know from the very offset if I stand a chance of succeeding with my application or not.

[Wise]

Last year when you got refused the Pr were you given another Rc as family member or they just refused and you didn't apply for anything until now? and also do you have kids together during relationship and what is their nationality.

If you can answer all these questions I might be of help.

[teardrops]

Thanks Wise for you reply. After I applied for the P.R in April last year it was refused because he wasn't working throughout the 5 yrs then I applied for another R.C in October of last years based on the fact that he was receiving his state pension, by then he started the divorce after I lodged the application and he cancelled his I.D so my application was refused on the grounds of an Invalid I.D card. I appeal in April of this year on the grounds that the I.D. card was already submitted along with the application so at the time of the I.D card been reported lost or stole was already with the Home Office. My ex had sign all the documents so it could not be lost or stolen. We don't have any kids together either.

Thanks

[noajthan]

Posts merged.