Retained Rights of residence for non eea family member

[Obie]

Have you manage to obtain legal advise?

I am unsure of the legal basis on which you are Seeking Permanent Residence.

At present and based on the information you provided, hard work will be needed to obtain retention, as there appear to be breaks in your residence.

The atmosphere at home office is very hostile at present, so it make sense to think this through very well.

[Musbti]

Hi Obie, and everyone else

I have seek legal advice went through all the documents with my solicitor, I am using the same firm which help me getting the first permit in 2013. After assessment they said there is no problem and no gaps of excersing the treaty rights and upto the separation time JUNE 2017 there is no problem. Even afterwards I have confirmed from HMRC that all of my ex wife's tax returns upto April 2017 is submitted. They have confirmed that she is registered as self employed and her next tax return is due in 2019.
My solicitor advised as you have completed your 5 years under the eea regulation so will go for PR as retention.
One more thing having a court contact order I have attended few contact sessions with my eea child and supervisor reports all show a very good healthy and deep relationship with my child.
There is a problem now as I am respondent in my divorce court advised I cant apply for decree to be made absolute before 14th of March 2018, even after that it will depend on the judge if the issue the Decree absolute or not as ancillary relief application is underway. My current eea family permit is going to finish on 31 Jan, what should I do ,, Any experience,, Can I apply the retention of rights before decree absolute,
My solicitor said we will send the application on 28th of Jan and send them a letter that we will send you the decree absolute when granted, is that a good idea?
or if you have any better one or seen any experience like this please advise.

Many Thanks In advance

[Musbti]

My EEA PR application timeline is
Applied:30/01/2018
Fees Taken:
Biometric:
COA:
RC:Waiting .....

To many complications in application but my solicitor is experienced and gave me hope for the best.
Ex's original ID not sent but the attested copies from a solicitor and from accountant attached, all previous ids copies given.
Divorce not finalized yet,, only decree nici sent,
treaty rights evidence upto time of separation given, now she is working as self employed but i have no proof, but in letter asked home office to check with HMRC,

Really need good luck from all of the mates

thanks

[WRehman]

Should have waited for absolute decree, without it divorce is not done yet, I’m not aware of your circumstances but I am sure you can only apply retain rights once divorce is finalised, #GoodLuck

[CR001]

My EEA PR application timeline is
Applied:30/01/2018
Fees Taken:
Biometric:
COA:
RC:Waiting .....

To many complications in application but my solicitor is experienced and gave me hope for the best.
Ex's original ID not sent but the attested copies from a solicitor and from accountant attached, all previous ids copies given.
Divorce not finalized yet,, only decree nici sent,
treaty rights evidence upto time of separation given, now she is working as self employed but i have no proof, but in letter asked home office to check with HMRC,

Really need good luck from all of the mates

thanks

Should have waited for absolute decree, without it divorce is not done yet, I’m not aware of your circumstances but I am sure you can only apply retain rights once divorce is finalised, #GoodLuck

In addition to the advice above, your soon to be ex has to be exercising treaty rights up to the date of decree absolute in order for you to apply for retain rights of residence, however your post states you have applied for PR.

You were also given extensive advice by Obie already on why you do not qualify for RoR or PR.

[CR001]

I have split your post from the timline ROR thread and merged it with your own topic as your case is complicated.

[Musbti]

My EEA PR application timeline is
Applied:30/01/2018
Fees Taken:
Biometric:
COA:
RC:Waiting .....

To many complications in application but my solicitor is experienced and gave me hope for the best.
Ex's original ID not sent but the attested copies from a solicitor and from accountant attached, all previous ids copies given.
Divorce not finalized yet,, only decree nici sent,
treaty rights evidence upto time of separation given, now she is working as self employed but i have no proof, but in letter asked home office to check with HMRC,

Really need good luck from all of the mates

thanks

Should have waited for absolute decree, without it divorce is not done yet, I’m not aware of your circumstances but I am sure you can only apply retain rights once divorce is finalised, #GoodLuck

In addition to the advice above, your soon to be ex has to be exercising treaty rights up to the date of decree absolute in order for you to apply for retain rights of residence, however your post states you have applied for PR.

You were also given extensive advice by Obie already on why you do not qualify for RoR or PR.

I had to apply it because my prev eea family member card was about to finish on 31-01-2018 as at today. And My solicitor advised that the completion of 5 years of excercising treaty rights of both of us has been completed in July 2017. so they either can take it as a family member as my sooner to be ex is still excersing treaty rights we got this confirmation from HMRC, If not they can wait for the DECREE ABSOLUTE, as its mentioned in the covering letter,and thats 100% under the eea rules and caseworker guidlines,
I never wanted to be an overstayer

[Obie]

Your lawyer's calculation is clearly different from mine.

You said she filed return from 2013-2014, 2014 to 2015, 2015-2016, 2016-2017,, that is clearly not a 5 year period.

[Musbti]

Your lawyer's calculation is clearly different from mine.

You said she filed return from 2013-2014, 2014 to 2015, 2015-2016, 2016-2017,, that is clearly not a 5 year period.

Thanks Obie, Its really good feelings to see your reply,

you missed one thing, before she was exercising treaty rights as a students and good thing about that both of us had a full CSI from BUPA (01 Jul 12 to 30 June 13) and luckily I found original insurance certificates too,, and my first eea family card was obtained on the same basis in 2013

IS it sounds any better now?

[Obie]

I see, assuming the Treaty rights issue is fine, the other issue is, which is a bit if as Home Office are pretty rigorous theses day , they will ask how come your wife can provide you this evidence and not her passport, and if there is a credibility issue, and they take the view that you were making up earnings without your wife's expressed consent, this may undermine your credibility immensely.

[Musbti]

I see, assuming the Treaty rights issue is fine, the other issue is, which is a bit if as Home Office are pretty rigorous theses day , they will ask how come your wife can provide you this evidence and not her passport, and if there is a credibility issue, and they take the view that you were making up earnings without your wife's expressed consent, this may undermine your credibility immensely.

you are absolutely fine, i explained this all to my brief, we cant say much about it now, just FYI all of these docs are original and leftover by my ex when she fled my house, and SA302 received in post after she left,
Lets hope for some good, all depends on my luck now,,

Another time I would say that All the moderator are really helpful on this forum, including Obie and Cr001 they supported all of my process throughout and everyone else with the same routes here, feels a lot of ease of stress by finding such a nice forum like here and sharing with other is a good experience too,

Thanks Obie once again

[Musbti]

Hi All,,

Obie hope your'e fine.

got some update to share and hopefully to get some advice also.

court has issued me a decree absolute on 23-04-2018. My ex registered as self employed but the self assessment for y/e 2017/18 still not submitted as it is due in Jan 2019. Also she has started only a few hours job and the employer confirmed me that her job with us started on 15th of march but for very minimum hours. she received her first shift wages on 1st of may 2018. And HMRC has also given this confirmation.

I am going to send the decree absolute, some of child contact sessions proofs with my eea child. my payslips and p60 so far which has received after application made in january and also the proof that i have got a final hearing for the child contact order in june.

Would all of this help my situation now??

would look forward to hear...

[Musbti]

???????????

[Musbti]

Hi Everyone,

just had a call today from my solicitor that decision on my application was made on 16th of my and I have granted with the PR.

Alhamdulillah

ease of stress today,

[pola 23]

Hi brother.congrates on your PR .so did HO tell you when you got Pr and when can you apply for naturalisation?
Thanks

[Musbti]

yes pola

Pr obtained on 06-2017 exactly 5 years of my marriage date

[pola 23]

That’s good . Now next month you can apply for naturalisation. .you really lucky bcoz your case wasn’t straight forward.anyway pray for us.Thanks

[sandy1988]

mustibi and pola can i ask you when we apply divorce tje marriage certificate stay with court or they return it because i want to apply for pr too while divorce proceeding are running

[sandy1988]

musbti and pola can i ask you when we apply divorce the marriage certificate stay with court or they return it because i want to apply for pr too while divorce proceeding are running

[Musbti]

YES COURT WILL KEEP THE MARRIAGE CERTIFICATE.
BUT YOU CAN OBTAIN A TRUE COPY WHICH IS ACCEPTABLE EVERYWHERE IN £10 FROM THE REGISTRAR OFFICE SAME DAY

[sandy1988]

Thanks mustbi the true copy where shall i send to home office or court and registar office will be same where we get married or others can give me too

[sandy1988]

Thanks mustbi the true copy where shall i send to home office or court and registar office will be same where we get married or others can give me too and my 2nd question as i read your story have you send ex tax return and sa302 from hrmc (as self employed) or have send any bankstatement for moeney coming in from customer or any invoices for 5 years any proof tax paid by bank account or just hrmc document like sa302 i will be thankful to you if can tell please

[NaheedBella]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

[Abeythedon]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

Please was the ID still valid when you submitted in November 2017???

[NaheedBella]

hi,
Married to EU partner November 2012
Divorced August 2017
Applied for Retained Rights of Residance Novemebr 17
COA December 17
Refusal Feburary 18 [reasons for Refusal: ID Card reported as Lost or stolen, didn't look on other provided documents, insufficient documents provided, Right of Appeal Given]
Appeal applied March 18
Hearing July 18
Judge GRANTED THE APPEAL against homeoffice alligation, they failed to provide the bundle in support of there alligation PLUS VALID PASSPORT OF EU partner given at the time of hearing

So, what will happen next, what will be the time frame for ROR, is it Biometric card
Hearing was Three days ago
thanks

Please was the ID still valid when you submitted in November 2017???

HI,
Yes the ID was valid till 2022 but was reported to relevant embassy as lost, so, they didn't consider it.