EEA family member to ILR no ROR pleas Help!!!!

[786123]

Hi
Came to uk 01/09/07 on student visa got married to a EEA citizen on 28/11/2012 and got eea family member visa 26/02/13 valid until 26/02/18. Divorce proceeding started 14/04/16 and got divorced 09/08/16.
The marriage lasted for 3.5 years and she was exercising treaty rights all this time and we had a kid aswell.We lived together all this time.
My 10 years has completed in the uk on 01/09/2017. I have not applied for retained rights of residency.

Questions
1. I am planning to apply for ILR 10 year route Can I do that? As I have all the required documents for her(payslips,p60s,proof of address)?
2. Can I apply for retained rights of residency or its ok?

Can someone please advise as to what will be the best route to go for? Please as to if I go for PR will not applying for ROR is a problem

Thanks in advance
fadi

[Obie]

PR under the regulations makes more sense to me.

[786123]

hi Obie
Thanks for your reply.
Any idea how would they treat not applying for ROR under PR regulations and under PR regulations as far as i know they require treaty rights for last 3 years which i will be missing for one year as i dont have anything from her after divorce??

Thanks

[786123]

sorry to be a pain but do u think i should apply for ROR now(1 year later) and then PR in february after completing 5 years??

Thanks in advance

[Obie]

Do you have her ID card or passport?

[786123]

hi obie

i only have copy of her passport

[Obie]

That will be tough, as ILR or PR, they scrutinise the EU aspect of the case a lot, and they presently ask for much more now than they do today.

[786123]

Thanks for your replies obie..Any idea how will HO react on the one year after divorce Sept16-Sept17 as i did not apply for ROR??if i apply ILR
Thanks in advance

[Richard W]

Thanks for your replies obie..Any idea how will HO react on the one year after divorce Sept16-Sept17 as i did not apply for ROR??if i apply ILR

While it might not help with predicting the case worker's attitude towards an applicant, I can't see any reason under the EEA Regulations why you should have applied for a new residence card. Indeed, it can be argued that by not applying for a new residence card you had saved the Home Office money! The cost of processing an application for a residence card is much more than the fee.

[Carling40]

As residence cards aren't mandatory to have, its not mandatory to have applied for a document confirming you have retained your rights following your divorce as long as you meet the requirements for ROR without applying for it.
If you (non EEA) are economically active e.g working from 9/8/16 till 28/11/17 and have evidence of your EEA ex's employment from 28/11/12 - 9/8/16, then you can provide the evidences of work and apply for confirmation of Permanent Residence anytime from 28/11/17.
I think that would be your best option. I'd avoid UK regulations if you can.

[786123]

Thank you very much richard w and Carling40. much appreciated