Divorce and retention of the right of residence

dinushka · Post by **dinushka** » Fri Feb 24, 2012 6:35 pm

Hello,
i’m non-European, and married with European woman, we are married for last 5.5 years and living in UK for last 3 years, because of serious personal reasons, we have decided to do divorce. we both are working, since we moved to UK. And lived together for almost 2.5 years in UK. I heard that if we do divorce then i can apply for retaining the rights for residence, after divorce. But i’m confused about Divorce. That how will be better for my Retention the Right of residence application? Does my wife should apply for Divorce or i should apply for divorce, i mean who should do the petition of divorce? Because we both are agreed to do divorce, but now i have to think about my case of Retention the Right of residence. I will be thankful, if somebody can give advice. Thanks.

Dinushka

Guerro · Post by **Guerro** » Fri Feb 24, 2012 8:07 pm

I think it doesn't matter who initiate divorce. Still, wait for a senior member to confirm. In my case, my ex filled in the divorce petition.

dinushka · Post by **dinushka** » Sat Feb 25, 2012 4:52 am

thanks Guerro. Yes, i'm waiting for senior members.

reda · Post by **reda** » Sat Feb 25, 2012 7:21 am

Guerro wrote:I think it doesn't matter who initiate divorce. Still, wait for a senior member to confirm. In my case, my ex filled in the divorce petition.

i don't think so,if you fill the petition you will be the petitioner(your spouse the responder) so you decide which date you fill the petition application (make sure after more than 3 years from the wedding date ),after degree nisi pronounced you have to wait 6 weeks and one day for apply for degree absolute but if you are the responder (your wife is the one who fill the petition)you have to wait for her to apply for degree absolute and you can't apply by your self (if for any raison she don't apply on time)only after three months, six weeks and one day from the date your decree nisi is pronounced

dinushka · Post by **dinushka** » Sat Feb 25, 2012 7:37 pm

so you mean, i should be petitioner, am i right?

Azhaar · Post by **Azhaar** » Sat Feb 25, 2012 9:30 pm

if you get divorced now, as long as ur wife is exercising treaty right until divorce is granted u should b able to retain ur right of residence.

u normaly need ur marriage to last for minimum 3 years with 1 year spent in uk

dinushka · Post by **dinushka** » Sun Feb 26, 2012 12:14 am

my question is this, that who should be petitioner? better for my r-o-r application.

reda · Post by **reda** » Sun Feb 26, 2012 10:08 am

dinushka wrote:so you mean, i should be petitioner, am i right?

yes.

Guerro · Post by **Guerro** » Sun Feb 26, 2012 11:56 am

Just a quick question, my ex filled in the petition in December, I received it end of January, I filled it in and sent it back last day of January. When will I get decree nisi? and six weeks after decree nisi if she applies for decree absolute, will I receive a copy?
Thanks

reda · Post by **reda** » Sun Feb 26, 2012 7:40 pm

When will I get decree nisi?

to depends how busy the court she apply for,whatever the court will send you letter with the fix date when your degree nisi will be pronounced.

six weeks and one day after decree nisi if she applies for decree absolute, will I receive a copy?

yes.

dinushka · Post by **dinushka** » Mon Feb 27, 2012 1:22 am

she is getting payslip every week, so howmany payslips do i need to show her exercising treaty right? important question

reda · Post by **reda** » Mon Feb 27, 2012 7:20 am

dinushka wrote:she is getting payslip every week, so howmany payslips do i need to show her exercising treaty right? important question

is she willing to help you?
if yes the ideal is all the pay slips with p60's and employee letter(specially from the day of filling the petition till degree absolute)
but in case you scare she will not help you in the future is better write letter to HM revenue asking about her working history (she should sign in the bottom of letter)but don't send letter till your degree absolute is with you,
this letter it should cover all the period she work in the UK from the first day.

dinushka · Post by **dinushka** » Mon Feb 27, 2012 8:04 am

thanks for good advice reda. Can you tell me that where i can get that application form for HM revenue to get her working history?

reda · Post by **reda** » Mon Feb 27, 2012 11:46 am

dinushka wrote:thanks for good advice reda. Can you tell me that where i can get that application form for HM revenue to get her working history?

there is no application form,just write letter asking about work history they will send it to you after 10 working days.

Aprilcool · Post by **Aprilcool** » Mon Feb 27, 2012 1:05 pm

Guerro wrote:Just a quick question, my ex filled in the petition in December, I received it end of January, I filled it in and sent it back last day of January. When will I get decree nisi? and six weeks after decree nisi if she applies for decree absolute, will I receive a copy?
Thanks

i started divorce proceeding in the last week of january and i just receive letter from court that decree nisi will be pronounced in 2 weeks. so guess your will be soon. and i think it also depends on which area you live, how busy the courts are and how fast you send back correspondence

Guerro · Post by **Guerro** » Mon Feb 27, 2012 9:40 pm

Aprilcool wrote:
Guerro wrote:Just a quick question, my ex filled in the petition in December, I received it end of January, I filled it in and sent it back last day of January. When will I get decree nisi? and six weeks after decree nisi if she applies for decree absolute, will I receive a copy?
Thanks
i started divorce proceeding in the last week of january and i just receive letter from court that decree nisi will be pronounced in 2 weeks. so guess your will be soon. and i think it also depends on which area you live, how busy the courts are and how fast you send back correspondence

I was so quick, mate. I received it on a Saturday and sent it back on Monday.

A question to Reda, if you write to HMRC asking for your ex's employment history they are under no obligation to reveal her details to you as it is a breach to Data Protection Act. It will be revealed only if she accepts the release in writing ( but if she is not helpful, she won't write either) or by a court order. Do you know the details of this process of writing to HMRC?
Thanks

reda · Post by **reda** » Tue Feb 28, 2012 7:10 am

Guerro wrote:
Aprilcool wrote:
Guerro wrote:Just a quick question, my ex filled in the petition in December, I received it end of January, I filled it in and sent it back last day of January. When will I get decree nisi? and six weeks after decree nisi if she applies for decree absolute, will I receive a copy?
Thanks
i started divorce proceeding in the last week of january and i just receive letter from court that decree nisi will be pronounced in 2 weeks. so guess your will be soon. and i think it also depends on which area you live, how busy the courts are and how fast you send back correspondence
I was so quick, mate. I received it on a Saturday and sent it back on Monday.

A question to Reda, if you write to HMRC asking for your ex's employment history they are under no obligation to reveal her details to you as it is a breach to Data Protection Act. It will be revealed only if she accepts the release in writing ( but if she is not helpful, she won't write either) or by a court order. Do you know the details of this process of writing to HMRC?
Thanks

without her help you can do nothing,you need her signature in the bottom of letter that 's it.

dinushka · Post by **dinushka** » Tue Feb 28, 2012 8:43 am

howmuch minimum help i should definitely have to have of her?

Guerro · Post by **Guerro** » Tue Feb 28, 2012 9:53 pm

reda wrote: without her help you can do nothing,you need her signature in the bottom of letter that 's it.

So if she doesn't help, my application will be rejected? My ex was issued PR card in Feb 2011 and I have the original letter accompanying it. She is not willing to help by any means and I will try to rely on Amos VS Sec Of State in a covering letter.

dinushka · Post by **dinushka** » Tue Mar 06, 2012 8:38 am

is that enough if my wife just get employment letter from her employer to show her exercise of treaty rights (after divorce)?

looking for answers

Guerro · Post by **Guerro** » Tue Mar 06, 2012 8:58 pm

dinushka wrote:is that enough if my wife just get employment letter from her employer to show her exercise of treaty rights (after divorce)?

looking for answers

Yes, that would suffice to show she is exercising treaty rights

Immigrationboards.com: Immigration, work visa and work permit discussion board

Divorce and retention of the right of residence

Divorce and retention of the right of residence