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URGENT: ror residence in The UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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siobhan82
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Joined: Sun Nov 15, 2015 4:11 pm

URGENT: ror residence in The UK

Post by siobhan82 » Wed Nov 25, 2015 12:50 pm

I urgently need some information regarding a retention of rights upon dissolution of marriage application.

I have assisted my ex husband in applying for retention rights.
He satisfies all conditions set out in paragraphs 5 and 6 of regulation 10 of The EEA Immigration regulations but just one 'condition' I am extremely anxious about.

My ex husband went on holiday to his country of origin (Egypt) on 30/08/2015 and returned to The UK on 20/09/2015 The decree absolute was issued/pronounced on 09/09/2015

So he was on holiday in Egypt when marriage was terminated but WAS employed and in receipt of holiday pay and so a UK tax payer and was also renting an accommodation.

So would he be deemed as 'being resident in The UK in accordance with regulations, at the time that the marriage was terminated ? '

Are you still 'resident in The UK' if you are on holiday?

I am perhaps over analysing but am positively petrified.

We are divorced but there is civility and I would hate to consider that he may have to return to living in Egypt.

I would be ever so grateful if someone could please possibly shed some light on this.

Sincere gratitude.

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Casa
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Re: URGENT: ror residence in The UK

Post by Casa » Wed Nov 25, 2015 12:58 pm

A holiday outside of the UK doesn't invalidate his residency.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

siobhan82
Newly Registered
Posts: 7
Joined: Sun Nov 15, 2015 4:11 pm

Re: URGENT: ror residence in The UK

Post by siobhan82 » Wed Nov 25, 2015 1:33 pm

Thank you kindly Casa for your prompt reply.

So the fact that he was not physically present in The UK on the date that the decree absolute was pronounced would not deem him to be not 'resident' in The UK in line with regulations when the marriage was terminated, he would still be 'resident in the UK' whilst on holiday?

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Casa
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Re: URGENT: ror residence in The UK

Post by Casa » Wed Nov 25, 2015 1:34 pm

Yes, that's right.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

siobhan82
Newly Registered
Posts: 7
Joined: Sun Nov 15, 2015 4:11 pm

Re: URGENT: ror residence in The UK

Post by siobhan82 » Wed Nov 25, 2015 1:41 pm

Thank you ever so much for your help Casa.

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