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omonile wrote:Hi,you can only acquire Pr if you have proof that the marriage to eea national lasted five years and proof of his excercise of treaty right.I guess your claim to Pr is based on these?

CR001 wrote:You have to prove your PR so yes, you will have to apply for it and should have done that ages ago.

Did you apply for retained rights of residence after your divorce?

What is your nationality?

What right to reside in the UK do you have?

Does your partner appear on their birth certificates?

How old are the children?

noajthan wrote:On what basis do you think you have acquired PR?
Did you get ROR RC? and then exercise treaty rights?

Or is it based on sponsor's 5 years of treaty rights?
And was it acquired in late 2014?
Is that after both children were born?

amaechi wrote:

noajthan wrote:On what basis do you think you have acquired PR?
Did you get ROR RC? and then exercise treaty rights?

Or is it based on sponsor's 5 years of treaty rights?
And was it acquired in late 2014?
Is that after both children were born?

According to 'The regulations ' when I separated, right continued until divorce, and further exercised my right due retained right. Yes partly family member and partly retained right. regulations, am sure never mandated the application for ROR RC. does it? Yes acquired after their births. My question is can I register the kids, despite the fact that I had them while legally married to my former EEA spouse, separated though but to different man?

noajthan wrote:To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, doesn't it?

noajthan wrote:To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

amaechi wrote:

noajthan wrote:To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

You are very helpful. With my info here have I established PR? I married 2009 Dec, separated 2011 divorced 2014 retained right late 2014 can I almagamate time from marriage to divorce and retained right for proof of PR? NOTE retained right due to DV.

noajthan wrote:

amaechi wrote:

noajthan wrote:To benefit from ROR you would have had to apply for a RC based on ROR.

Otherwise you would have lost your right to reside in UK after divorce (as you would no longer have an EEA sponsor).

In previous post you said you had children before divorce in 2014. And you stated you acquires PR in Dec 2014.

That means PR came after children not before, so if you can prove you had PR they could be registered.
Only one parent has to be settled to do so.

Its just question of whether

you do have PR by now if no ROR previously.

You are very helpful. With my info here have I established PR? I married 2009 Dec, separated 2011 divorced 2014 retained right late 2014 can I almagamate time from marriage to divorce and retained right for proof of PR? NOTE retained right due to DV.

I'm still not clear if you possess a RC (issued on grounds of DV) in order to confirm your ROR. Do you have such a RC?

Otherwise, as you separated but did not actually divorce until end of 2014, you may have acquired PR via your sponsor/'soon to be divorced'-spouse as a dependent family member;
that is, PR may have been acquired on the basis of sponsor exercising treaty rights from 2009-2014 (if they did do that continuously for 5 years as a qualified person before you finally got divorced).

amaechi wrote:...

I only had Residence document (vignette on passport - 5yrs) on grounds of family member and not ROR RC. Divorced after 4yrs and 10 months and became a worker myself to Dec 2014 completing 5yrs of marriage. My ex also has doc certifying PR plus he still had employment.

noajthan wrote:

amaechi wrote:...

I only had Residence document (vignette on passport - 5yrs) on grounds of family member and not ROR RC. Divorced after 4yrs and 10 months and became a worker myself to Dec 2014 completing 5yrs of marriage. My ex also has doc certifying PR plus he still had employment.

It's a pity you weren't able to acquire PR via your sponsor by hanging on for 2 more months back in 2014. (However I can understand there were perhaps reasons for that, so no need to share that).

As you don't have a RC on basis of ROR I don't know your way ahead.
Suggest stand by for other members to suggest.