Retained Right of Residence

[d_gnr]

Hello. Can you please help me.
I am non EEA married to EEA Citizen Feb 2014, filed divorce Jul 2017 and lived in UK together during our marriage and we are both working. After decree absolute I will apply for ROR. My EEA spouse did not apply for PR but she has acquired it throughout working and living in UK for 7 years. I have a proof of it i.e p60, payslips, bills covering the entire period of 7 years.
The question is: can I apply for ROR on the base of my spouse having PR instead of going down Qualified Person route? As my spouse refusing to assist me in any way and I doubt she will give me her payslips on the day of divorce.
Many thanks guys

[Richard W]

The question is: can I apply for ROR on the base of my spouse having PR instead of going down Qualified Person route?

You will retain the right of residence -

(5) The condition in this paragraph is that the person (“A”)—

(a)ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;

but may have problems applying for a residence card on the basis of it -

21.—...
(5) Where an application for documentation under this Part is made by a person who is not an EEA national on the basis that the person is or was the family member of an EEA national or an extended family member of an EEA national, the application must be accompanied or joined by a valid national identity card or passport in the name of that EEA national.

Others are having a problem for not supplying their ex's ID, and it looks as though you will have difficulty too:

As my spouse refusing to assist me in any way and I doubt she will give me her payslips on the day of divorce.

[d_gnr]

Yes you are right. I have already asked the spouse if I can borrow her ID for that purprose. Guess what, the next day she reported it stolen to the police and told them that I stole it in order to get the ROR.

[d_gnr]

So basically I can just supply the evidence of my wife working and living in the UK continuously for seven years up to the time of filing the divorce, is that right? Because she has automatically acquired the right of PR. And I will not be required to submit the proof of her exercising treaty rights at the time of divorce, will I?
Thanks

[d_gnr]

Hi guys. Can someone answer please? Thanks

[Richard W]

So basically I can just supply the evidence of my wife working and living in the UK continuously for seven years up to the time of filing the divorce, is that right? Because she has automatically acquired the right of PR.

That is a correct statement of the law.

And I will not be required to submit the proof of her exercising treaty rights at the time of divorce, will I?

Who knows? I can certainly imagine a caseworker mistakenly requiring it.

[d_gnr]

Brilliant! Thanks for your advice Richard.

[londonman]

I just got my ROR two weeks ago and I did not supply my ex ID as she refused to give it to me. Although I didn't do it, I luckily got the residence; I would advise you to do your best and chasing her (I would suggest via email) to do that favour to you (to supply to you any form of ID for your application), if she still does not want to do it, provide with your application all the emails that you sent to her asking for her ID then you can proof to the HO that you were trying to do your best but she was not cooperating. Everything will be fine, do not worry. If you can, also send to them any photocopy of your ex passport or ID so they can know who she is.

All the best!

[d_gnr]

Thanks for your help mate.

[d_gnr]

Thank you londonman. May I ask you what documents of your ex wife did you submit and did you submit the form yourself or with help of solicitors.
Hope to hear from you.
Many thanks