cant find answer for tht question anywhere

[maxmelion]

Looked for all topic nd everywhere cant find answer for my question
If eu wife PR so non eu not has to prove her treatty right for RoR nd PR as eu seciure with PR

and if eu living in uk for 5 years continus nd working nd never leave uk for 6 month per year so automaticly obtained PR without applying for eea3
so my wife after lived in uk 7 yeara continuos in same job nd never has breake or take benfit or tax credit or got any problem she applied for citezenship in 2012 nd was granted it without eea3 nd she was granted it without apeals or any refuse frm ho . Nd she was granted it after 5 month waiting .
SO
we started divorce process nd i lived in uk 3 year and 8 month nd our marriage lasted 6 years as we married in my country not in uk
And im applying for ror after divorce but she is not willing to help me as she said clearly to me but she is not gona revoke my visa or do anything hurt me as she really nice person

my question is

If i approved my wife is british citezen by original home office approved application citezenship nd invition cermony for naturaltion nd colore scan copy of her british passprot
is tht enough to prove her permnant recident as she was 7 years qualify person for morw than 6 years in uk thts why she was granted such a citezen .
For ror nd pr next year .
i want an answer yes or no or idea or cards i can use for my ror nd pr next year .
thanx

[Miracle need]

What i know that even she want but cannot revoke your RC until getting decree obsolute because you will be eu family member. But what is divorce average time and you living same address.
you can see my thread too.

[maxmelion]

What i know that even she want but cannot revoke your RC until getting decree obsolute because you will be eu family member. But what is divorce average time and you living same address.
you can see my thread too.

im not worry about reboke even after divorce but im worry about next year bcos my visa will be expire next year
i applied for petiton nd divorce take 6 month .

[SouthWest1]

Divorce takes around 4 months on average.

as far as i know, you can not mix and match when applying for either ROR or EEA4. Basically, if you want to apply for ROR, you need to prove that during your marriage, your EU spouse has exercised treaty rights up until she obtained her Permanent residence.
Her BC can only help if you are to obtain PR, then you can apply for BC yourself straight without waiting for 1 year after your PR
( providing you still married couple of course).

Gurus can perhaps confirm more as they have better knowledge of such situations.

[maxmelion]

Divorce takes around 4 months on average.

as far as i know, you can not mix and match when applying for either ROR or EEA4. Basically, if you want to apply for ROR, you need to prove that during your marriage, your EU spouse has exercised treaty rights up until she obtained her Permanent residence.
Her BC can only help if you are to obtain PR, then you can apply for BC yourself straight without waiting for 1 year after your PR
( providing you still married couple of course).

Gurus can perhaps confirm more as they have better knowledge of such situations.

thank you for replay . Im thinking for apply ror now but im waiting divorce but my wife not gona help so i want know if ir possible i use her BC as prove she was exersice treaty right for 6 years as she was granted BC bcos she not willing to helo me .

[maxmelion]

Can i use british citizen my ex wife as prove to confirm her permnant recident ?

Any answer plz

[maxmelion]

No1 got clue ? I really need to know .

[chaoclive]

Her BC would prove that she was exercising treaty rights in the UK for at least 5 years so, yes, it would prove that she achieved PR in the UK.

The problem is: will she allow you access to her documents?

[maxmelion]

She wont give me any help but i have got her ho office aproved letter which say her application was sucess i think its naturalsim letter called nd color scan of her british passport .so thts prove of her british citezen



uote="chaoclive"]Her BC would prove that she was exercising treaty rights in the UK for at least 5 years so, yes, it would prove that she achieved PR in the UK.

The problem is: will she allow you access to her documents?[/quote]

[SouthWest1]

ROR is a term used in EU law/ directive so a BC is irrelevant here as far as i know.

you can try and include a good cover letter with your application explaining that she obtained her BC based on her exercising of treaty rights ( in other words, Home Office won't give nationality unless satisfied she was).

i think you need a legal advice for a lawyer in this case,especially you do not have enough documents in your possession and that your spouse is not willing to help.

[maxmelion]

My wife was 7 years exercise treaty right nd she work same same job for since she came . Tht mean she optined permnant recident automatickly after living 5 years nd never leave uk . Nd letter home office so cleare she was granted BC without apeal or any asking more evidence nd her application was strightgorward nd was granted such naturalsism without problem. So the automatickly PR was granted therfor BC was granted.

I got proved we lived together 3 years nd 4 pays slips in defo time nd her p60 for 2013 bcos she was granted BC 2012 nd al staff she payslips nd p60 for 6 yrats b4 2012 all together in one invoplop disapeared after recived citezenship

ROR is a term used in EU law/ directive so a BC is irrelevant here as far as i know.

you can try and include a good cover letter with your application explaining that she obtained her BC based on her exercising of treaty rights ( in other words, Home Office won't give nationality unless satisfied she was).

i think you need a legal advice for a lawyer in this case,especially you do not have enough documents in your possession and that your spouse is not willing to help.

[maxmelion]

Any idea plz?

[Miracle need]

hello maxemillon,
i will suggest you to send the email at below email which belongs to EU policy team and they are really very nice in giving very detailed answer within 3-4 days. But ask them in a general sense which relates to your situation.

EuropeanOperational@homeoffice.gsi.gov.uk

[maxmelion]

Thanx bro

hello maxemillon,
i will suggest you to send the email at below email which belongs to EU policy team and they are really very nice in giving very detailed answer within 3-4 days. But ask them in a general sense which relates to your situation.

EuropeanOperational@homeoffice.gsi.gov.uk

[Obie]

The approval of naturalisation helps in some respect, but not in all.

If she secured British Citizenship, over 2 years ago, then you will need to show that she has not left the UK for over a period of 2 years. If you fail to prove that, you may fall back to square one.

[maxmelion]

She wa granted BC on 2012 so i have got her p60 for 2013 original . So tht gona help for ror nd pr for next year bcos 2015 i will complete 5 years . She is unhappy bcos she dorsnt want divorce but i will try to get letter for her employer show she work but just in case if she refused . I got her p60 for 2013

The approval of naturalisation helps in some respect, but not in all.

If she secured British Citizenship, over 2 years ago, then you will need to show that she has not left the UK for over a period of 2 years. If you fail to prove that, you may fall back to square one.

[SouthWest1]

She wa granted BC on 2012 so i have got her p60 for 2013 original . So tht gona help for ror nd pr for next year bcos 2015 i will complete 5 years . She is unhappy bcos she dorsnt want divorce but i will try to get letter for her employer show she work but just in case if she refused . I got her p60 for 2013

The approval of naturalisation helps in some respect, but not in all.

If she secured British Citizenship, over 2 years ago, then you will need to show that she has not left the UK for over a period of 2 years. If you fail to prove that, you may fall back to square one.

as obie said, her BC could help in a way.
you are confusing your self. basically you need evidence of exercising treaty rights for your wife from the year she came to UK until divorce is granted. one P60 ( especially after she was granted her BC won't benefit much as she no longer needs to prove any thing).
personally, i will seek legal advice in your case.

[maxmelion]

I have only one card to use . If i prove her PR recident
I dont have to prove her excersice treary right for my ROR or My PR . So in home office page say if eeu lived in uk 5 yeaers continuos without leaving uk for 6 mothn the eea obtained PR automaticlly so only eea3 for confirm tht as peoper but i want use her BC as confirm instead eea3 . I think it make sense as BC therfor exersice treaty right for 6 years .

She wa granted BC on 2012 so i have got her p60 for 2013 original . So tht gona help for ror nd pr for next year bcos 2015 i will complete 5 years . She is unhappy bcos she dorsnt want divorce but i will try to get letter for her employer show she work but just in case if she refused . I got her p60 for 2013

The approval of naturalisation helps in some respect, but not in all.

If she secured British Citizenship, over 2 years ago, then you will need to show that she has not left the UK for over a period of 2 years. If you fail to prove that, you may fall back to square one.

as obie said, her BC could help in a way.
you are confusing your self. basically you need evidence of exercising treaty rights for your wife from the year she came to UK until divorce is granted. one P60 ( especially after she was granted her BC won't benefit much as she no longer needs to prove any thing).
personally, i will seek legal advice in your case.

[Obie]

I believe a PR card would have been most appropriate. A British passport may confused a case worker.

British citizenship can be acquired in various ways.

[maxmelion]

So her BC wont help me for ROR or PR next year?

so what best for me to do obie plz?
as im was willing for her BC for everything but now i shocked to be honest .... what u advice me to do ?


quote="Obie"]I believe a PR card would have been most appropriate. A British passport may confused a case worker.

British citizenship can be acquired in various ways.[/quote]

[maxmelion]

So her BC wont help me for ROR or PR next year?

so what best for me to do obie plz?

as im was willing for her BC for everything but now i shocked to be honest .... what u advice me to do
What if i get letter from her employer confirm tje time she started work for them she started 2007 till present ?
I will try to get letter from her employer but the priblem is after she applied her BC and they send her decuments back nd all of them in one involop we lost thm sumwhere bd we didnt look for thm nd even if she change her mind she wont get her p60 for 3 years nd payslips for me but i might make her sort out employer letter . Or start see lawyer ?
"]I believe a PR card would have been most appropriate. A British passport may confused a case worker.

British citizenship can be acquired in various ways.[/quote][/quote]

[maxmelion]

Any idea ? Should i see a lawyer?



quote="maxmelion"]So her BC wont help me for ROR or PR next year?

so what best for me to do obie plz?

as im was willing for her BC for everything but now i shocked to be honest .... what u advice me to do
What if i get letter from her employer confirm tje time she started work for them she started 2007 till present ?
I will try to get letter from her employer but the priblem is after she applied her BC and they send her decuments back nd all of them in one involop we lost thm sumwhere bd we didnt look for thm nd even if she change her mind she wont get her p60 for 3 years nd payslips for me but i might make her sort out employer letter . Or start see lawyer ?
"]I believe a PR card would have been most appropriate. A British passport may confused a case worker.

British citizenship can be acquired in various ways.[/quote][/quote][/quote]

[Obie]

There are many options you can explore.

Perhaps you can get your spouse to assist and if she refuses, then ask the HO.

I must say that I once used the fact that an EEA national has secured British Citizenship to assist a member of this forum on his appeal, on pro bono basis. UKBA ignored that fact when they refused his application, but the tribunal judge allowed his appeal. I must say that the circumstance of his case was different from yours in certain respect. He had corroborative evidence. it was only when UKBA representative at the Tribunal sought to question the genuine nature of his ex wife treaty right, that we used that aspect. It indeed worked effectively.

[maxmelion]

Thank so much Obie u gave me a bit hope after all gone .
i will keep update . But i feel my case will go through apeals nd staff .
I hope she give me a letter for the ROR and i will start with lawyer for the PR
when my divorce finalist will be 4 year nd 3 month nd the ROR will take about 6 month if everything will be fine then will be 3 month lift for complete 5 years .

[maxmelion]

Any idea plz obie ?