Retained right with expired RC?

[Astro-south]

Hello all,

I am a Brazilian national about to apply for PR on basis of retained right of residence after being divorced of my EEA partner.

We got married in the UK in 2009, I applied for a residence card in 2010 that expired in December 2015. My partner and I left the UK in 2011 and lived in Brazil for a year, returning to the UK only in 2012. In 2016 my partner filled for divorce and we got the final divorce decree in August 2016.

My partner got her PR application refused in January 2016 as she had broken the 5 year continuity period. She applied again in April 2018 and she received it in 5 weeks.

After our divorce I continued to work for the same company I've been working since 2013 (I still work there) but I have no valid residence card.

My question is, since I don't have a valid residence card since end of 2015, could this be a problem in obtaining the PR now? I am worried the HO will claim I've infringed UK laws by living here without a valid visa and be asked to leave the country.

Any advice will be highly appreciated!

Many thanks, Astro

[Astro-south]

I've just found this thread here that made me very confused:
eea-route-applications/apply-retaining- ... 41343.html

Members Hstepper07 and Richard W presented their arguments but I don't know what conclusion to take from this.

My RC expired in Dec 2015 and my divorce was completed in Aug 2016, I didn't apply for a ROR RC following the divorce (relationship ended in bad terms and took me until now to have my ex wife's collaboration with documents) and now I'm very worried the HO will reject my application claiming I should have applied for ROR before and the years after my divorce cannot count towards permanent residence...

Can anyone clarify this for me please?

Thanks
Astro

[Astro-south]

Hello everybody,

I wanted to know if there's anybody in here that would be in the same situation as me.

I'm a non EU who had a RC that expired in Dec 2015 (I've been working ft since 2013 so has sponsor). My decree absolute is dated Aug 2016, but I didn't apply for ROR following my divorce and now that I satisfy the 6 years residence (and have the collaboration of my ex wih all documents) I'm thinking of applying for a PR on ROR basis. Anyone else here got divorced and waited until they had the 5 years to apply for the PR card?

I'm worried HO will reject my application based on the info in this letter here:

From DMC Croydon:
Dear Mr xxxxxxx

Thank you for your email.

The letter that was issued with your previous permission stated:

At present your only claim to remain in the United Kingdom is as the family member of a European Economic Area (EEA) national who is exercising Treaty rights here. If your family member decides to leave the United Kingdom, or ceases to exercise Treaty rights, or if you cease to be a family member, you would have to qualify to remain in the United Kingdom in your own right.

This Directorate should be notified immediately if your family member decides to leave the United Kingdom, or ceases to exercise a Treaty right here, or if you cease to be a family member.

Therefore you should have applied for permission as soon as the divorce was completed. As you didn't then you have not had permission to be here since the divorce, therefore you cannot count that time towards permanent residency.

You will need to apply for retained rights and see if this can be granted. I cannot pre-asses an application.

Yours sincerely ,

Accredited to the Customer Service Excellence standard

[Cam123]

As long as you fulfill all the requirements of ROR and PR after divorce, you should not have any problem. Residence card is optional.

[Obie]

How have you been able to work for the company without a Residence Card. Are you a self employed person or a worker. Are your earnings disclosed to HMRC?

[Astro-south]

Thanks for your replies.

My boss consulted the company solicitor who told him even if my RC was expired I still had the right to reside in the UK as the residence card only confirmed the right. I'm a worker and my earnings are declared to HMRC. I have payslips to prove this.

[CR001]

Posts merged.

[Astro-south]

Do you think I should mention on my covering letter that the reason why I didn't apply for a ROR RC immediately after the divorce is because of lack of collaboration from my partner in providing me with all necessary documents? My ex and I are now in a good place and she provided me with all, ID, bank statements, all things I didn't have before.

[Astro-south]

Anyone in here in a similar situation (applied for PR with a long expired RC but has ROR) I read a post from user rs315 that was similar, but I don't know if anyone else here has any advice to give me?

Thanks a lot

[Richard W]

Therefore you should have applied for permission as soon as the divorce was completed. As you didn't then you have not had permission to be here since the divorce, therefore you cannot count that time towards permanent residency.

This statement reflects neither the EEA Regulations nor the law. However, change reporting requirements will be much more onerous under 'pre-settled status'.

Accredited to the Customer Service Excellence standard

Is this some sort of fraud?