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PR advice needed

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

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

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Den12
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Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

PR advice needed

Post by Den12 » Sun Jan 22, 2017 5:32 am

Hi all,
I have been following this forum for years now and thank everybody for there various contributions but I need some advice on the way forward with my PR application.
I am Non EEA national married to an EEA national, we have three children all EEA nationals and have recently applied for Document certifying permanent registration and permanent registration card for everyone. No word from home office yet and money not taken out yet, its only been a few days since we made the application.
Out of the blues my wife have told me she wants a divorce and that she has been waiting to make the application before she tells me to leave, she wants me to leave our family home right now while she gets an official separation paper, although this is emotionally devastating and draining to me, right now I am just worried about my children and the PR since I am here based on my marriage to her, I am seeking advice on the way forward with our application. Please what are my options, I am just going crazy now, are there anything I need to do, do I need to inform the home office now or just wait it out, we've been here seven years and she's been a full time worker all this while with no breaks in-between, all documents sent with application as required. Please help.

NB I am also the biological father of all our children if that helps.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: PR advice needed

Post by noajthan » Sun Jan 22, 2017 9:51 am

Den12 wrote:Hi all,
I have been following this forum for years now and thank everybody for there various contributions but I need some advice on the way forward with my PR application.
I am Non EEA national married to an EEA national, we have three children all EEA nationals and have recently applied for Document certifying permanent registration and permanent registration card for everyone. No word from home office yet and money not taken out yet, its only been a few days since we made the application.
Out of the blues my wife have told me she wants a divorce and that she has been waiting to make the application before she tells me to leave, she wants me to leave our family home right now while she gets an official separation paper, although this is emotionally devastating and draining to me, right now I am just worried about my children and the PR since I am here based on my marriage to her, I am seeking advice on the way forward with our application. Please what are my options, I am just going crazy now, are there anything I need to do, do I need to inform the home office now or just wait it out, we've been here seven years and she's been a full time worker all this while with no breaks in-between, all documents sent with application as required. Please help.

NB I am also the biological father of all our children if that helps.
Most unfortunate and devastating news.

However, if it helps, you simply need to wait for your PR status to be confirmed.
Then you will have your own settled status in UK and your wife's status and her presence is immaterial as you will not be dependent on her.

There is nothing to inform HO if no divorce has been filed and you still reside at same address.

As for all other matters, they are out of scope of the forum, but with the help of family, friends and appropriate professional help perhaps you can all pull through.
Good luck.
Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Den12
Newly Registered
Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

Re: PR advice needed

Post by Den12 » Tue Jan 24, 2017 2:48 am

noajthan wrote:
Den12 wrote:Hi all,
I have been following this forum for years now and thank everybody for there various contributions but I need some advice on the way forward with my PR application.
I am Non EEA national married to an EEA national, we have three children all EEA nationals and have recently applied for Document certifying permanent registration and permanent registration card for everyone. No word from home office yet and money not taken out yet, its only been a few days since we made the application.
Out of the blues my wife have told me she wants a divorce and that she has been waiting to make the application before she tells me to leave, she wants me to leave our family home right now while she gets an official separation paper, although this is emotionally devastating and draining to me, right now I am just worried about my children and the PR since I am here based on my marriage to her, I am seeking advice on the way forward with our application. Please what are my options, I am just going crazy now, are there anything I need to do, do I need to inform the home office now or just wait it out, we've been here seven years and she's been a full time worker all this while with no breaks in-between, all documents sent with application as required. Please help.

NB I am also the biological father of all our children if that helps.
Most unfortunate and devastating news.

However, if it helps, you simply need to wait for your PR status to be confirmed.
Then you will have your own settled status in UK and your wife's status and her presence is immaterial as you will not be dependent on her.

There is nothing to inform HO if no divorce has been filed and you still reside at same address.

As for all other matters, they are out of scope of the forum, but with the help of family, friends and appropriate professional help perhaps you can all pull through.
Good luck.
Good luck.
Thank you Noajthan for your reply most appreciated.

Den12
Newly Registered
Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

Re: PR advice needed

Post by Den12 » Sun Feb 12, 2017 9:33 pm

Hi all,
Thank you all for all your contributions, I am in need of some solid advice regarding my PR application, like I said in my previous post, my marriage has completely broken down and I have moved out of our home. After 4 weeks of our PR application, UKVI Liverpool returned our bundle back that they were unable to deduct the payment from her debit card ( suspect deliberate sabotage) and so application is invalid.
She has refused to reapply for herself and the children and have vehemently refused to give me her passport for my reapplication but she has said she can give me the following after much talking
1. Five years work history
2. 5 years P60
3. 5 years working/child tax credit
4. Council tax bill
5. A certified copy of her passport
I have got my own five years proof of address living together and our marriage certificate, she has only just filled for divorce so don't know how long that will take but meanwhile my residence card have just expired.
Please what are my options. Moving forward what do I do.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: PR advice needed

Post by Obie » Sun Feb 12, 2017 9:37 pm

If you thought she will sabotage things, you should have paid the fees then.
Smooth seas do not make skilful sailors

Den12
Newly Registered
Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

Re: PR advice needed

Post by Den12 » Sun Feb 12, 2017 10:22 pm

Obie wrote:If you thought she will sabotage things, you should have paid the fees then.

Hi Obie,
Thanks for your reply, I did pay, I transferred the monies to her account a day before we mailed the bundle as she was the main applicant, with hindsight now maybe I should have bought postal order. What would you advice I do moving forward.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: PR advice needed

Post by Obie » Sun Feb 12, 2017 10:28 pm

Then take what she has offered to give and see how it goes, provided of course she keeps to her word.
Smooth seas do not make skilful sailors

Den12
Newly Registered
Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

Re: PR advice needed

Post by Den12 » Sun Feb 12, 2017 10:39 pm

Obie wrote:Then take what she has offered to give and see how it goes, provided of course she keeps to her word.

Hi Obie,
Thank you one more time sir, can I apply for PR right away or a retained right of residence just a bit confused about the whole thing now.
Many thanks Mr Obie

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: PR advice needed

Post by Obie » Mon Feb 13, 2017 12:07 am

Not sure of your immigration history or circumstances, do can't comment on what you will qualify for if anything.
Smooth seas do not make skilful sailors

Den12
Newly Registered
Posts: 15
Joined: Sun Jan 22, 2017 4:17 am

Re: PR advice needed

Post by Den12 » Mon Feb 13, 2017 6:37 am

Obie wrote:Not sure of your immigration history or circumstances, do can't comment on what you will qualify for if anything.
Hi Mr Obie,
Okay I do understand, in a nutshell this is my immigration history, relocated to the UK August 2011, she started full time job September 2011, Residence card application made in October 2011, Resident card received as a vignette on passport in March dated February 2 to expire February 2 2017.
She has been in full time employment with the same employer with no breaks except for the usual holidays up on till today.
Within this time frame we have lived together, went on holidays together both in and out of UK with or without the children.
Like I said in previous post we made DCPR and PR application
but was returned as invalid application because they were not able to deduct monies from the debit card, without going into details and the intricacies of our marriage breakdown, she has refused to reapply. I moved out of our home formally this month and she's told me she has initiated divorce proceedings and her solicitor will get in touch with me.
That's why I am asking and hoping for some good advice before taking it further.
1. As I have lived together with her and the children as an EEA family member while she was carrying out her treaty rights as a worker between September 2011 to September 2016, and with the above mentioned documents that am able to retrieve from her as it is extremely very difficult trying, can I apply for a PR card or
2. Wait for the divorce proceedings to conclude as regards property, children's custody and or visitation rights then apply for Retained rights of residence and immediately after apply for
PR
I thank you very much for your help and patience in this matter.

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