Retention of Right of Residence after divorce

jorge · Post by **jorge** » Thu Jun 27, 2013 5:57 pm

Hi I'm new to this site.

I moved to UK to follow wife in December 2010 as an no-eu family member. When I moved in uk my wife already has a permanent residence in UK. I got my residence card in March 2011 for 5 years. later my wife got British citizinship now she has dual citizen EU/ British.

Marriage breakdowned and she want divorce. we have been married for nearly 4 years and we still living together. W had live together for 2 and half year in UK. we are both self employe.

For me to apply for retention of right of residence after divorce complete.
Do I need to show that she was exercising treaty rights despite she had permanent residence when arrived in UK and now she's has british citzenship?
please someone help. so much stress.

jorge · Post by **jorge** » Sat Jun 29, 2013 7:51 am

May be members of forum diid not understand questions.

What I need do.
1- to apply for retention of right of residence in case of divorce.
2- what chance I have to get retention of right of residence in Uk.
3- I do have 5 years residence card since march 2011.
4- my wife have dual nationals eu/British now but my wife had PR when arrived in England.
5- we are married for 4 years and lived together for 2 years and half.
6- we are both self employees currently.

Do you think have chance to retained the right of residence because she wants to get divorce?

Please help members of forum. Thanks in advance

Ricardo · Post by **Ricardo** » Sat Jun 29, 2013 8:30 am

When did your wife got her permanent residency?

Ricardo · Post by **Ricardo** » Sat Jun 29, 2013 8:31 am

jorge · Post by **jorge** » Sun Jun 30, 2013 12:50 am

My wife got her PR between 2008 or 2009 as she 's an French citizen.

Ricardo · Post by **Ricardo** » Sun Jun 30, 2013 9:08 am

jorge wrote:My wife got her PR between 2008 or 2009 as she 's an French citizen.

You doesn't seemed to be sure if and when you wife obtained PR? Let me ask you, how long has she lived in the UK?

jorge · Post by **jorge** » Mon Jul 01, 2013 12:18 pm

for 15 years. But she requested PR UK in 2008

jorge · Post by **jorge** » Wed Jul 03, 2013 6:37 pm

Hi ricardo, what happen with your reply. I'm waiting for you to let me know some type of soluction. Thanks

There are no mermbers in forum with previous experience in this case. I just received my devorce papers. Help please.

Post by **Obie** » Wed Jul 03, 2013 7:42 pm

You should be fine, if you are able to demonstrate she has obtained PR, and has never left the UK for more than 2 years since.

jorge · Post by **jorge** » Thu Jul 04, 2013 2:06 pm

Hi obie thanks.
She never left uk for more then 2 years and she's now also a French/ british citizen.
You meant there's no need for me to demonstrate that she was exercing treaty rights for 2 years and half that we lived together in Cardiff?
When I arrived in Wales as eu family member, she has already had a PR.

Ricardo · Post by **Ricardo** » Thu Jul 04, 2013 4:05 pm

Since she already has PR before you came to the UK, you don't have to demonstrate that she was exercising EU treaty right.

jorge · Post by **jorge** » Thu Jul 04, 2013 9:03 pm

Hi Jorge, Thank you.
But I couldn't find any information from UKBA or Home office that confirm. If any eu nationals has PR there no need for non-eu family to no show he/she was exercing treaty rights!
If you know any links that confirm that please share with me. Thanks again for your help.

Post by **vinny** » Fri Jul 05, 2013 1:19 am

See also Ammendment to Immigration EEA Regulations 2006 > Regulation 10.

jorge · Post by **jorge** » Sat Jul 06, 2013 11:59 am

Hi Vinny. Thank you.

I did read the links that you posted but nothing is showing that if EU national has a PR in UK. Then there is no need to EU national to execise treaty rights for their non Eu family members!

If there is a link that say something about this please send to me. Because some solicitor is telling me lot of bullshiit to get money from me.

Post by **vinny** » Sat Jul 06, 2013 12:58 pm

Nothing is showing?

The Immigration (European Economic Area) (Amendment) Regulations 2012 wrote:Regulation 10 (“family member who has retained the right of residence”)
3. In regulation 10—
(a)For paragraph (2)(a) substitute—
“(a)he was a family member of a qualified person or of an EEA national with a permanent right of residence when that person died;”;
(b)for paragraph (5)(a) substitute—
“(a)he ceased to be a family member of a qualified person or of an EEA national with a permanent right of residence on the termination of the marriage or civil partnership of that person;”
(c)for paragraph (5)(d)(iii) substitute—
“(iii)the former spouse or civil partner of the qualified person or the EEA national with a permanent right of residence has the right of access to a child of the qualified person or the EEA national with a permanent right of residence, where the child is under the age of 18 and where a court has ordered that such access must take place in the United Kingdom; or”;
(d)for the references to “the qualified person” in paragraphs (2)(b), (3)(a)(iii), (3)(b), (5)(d)(ii) and (8) substitute “the qualified person or the EEA national with a permanent right of residence”;
(e)for the reference to “a qualified person” in paragraph (3)(a)(i) substitute “a qualified person or an EEA national with a permanent right of residence”; and

Ricardo · Post by **Ricardo** » Sat Jul 06, 2013 3:39 pm

jorge wrote:Hi Vinny. Thank you.

I did read the links that you posted but nothing is showing that if EU national has a PR in UK. Then there is no need to EU national to execise treaty rights for their non Eu family members!

If there is a link that say something about this please send to me. Because some solicitor is telling me lot of bullshiit to get money from me.

Your question has been answered ages ago. It's very simple, once your wife aquire PR, you don't need to show that is/was exercising treaty right.

jorge · Post by **jorge** » Sat Jul 06, 2013 8:21 pm

Thank you all. I did apprecciated for your help.

jorge · Post by **jorge** » Wed Jul 24, 2013 1:58 pm

Hi all,
I did phone UKBA to just confirm before I can apply for ROR.

I told the staff of UKBA that My Ex- wife have PR before I came to UK. therefore, there is no need for me to show that she has been exercising treaty rights in our stay in UK for the last 2 years because she had a PR.

But the the UKBA staff said I should send the proves that she was exercising the treaty rights even if she has a PR.

There's anybody who had experience about that case who applied for ROR after divorces they didn't show prove exercising the treaty rights because wife has PR.
I'm so confuse who to believe the solicitor who want just take my money, the members of these forum or UKBA staff!

I don't want to apply for ROR and be refuse for lack evidences of exercising the treaty rights. Thank you

Post by **vinny** » Wed Jul 24, 2013 2:02 pm

Believe in the legislation.

Post by **Jambo** » Wed Jul 24, 2013 2:13 pm

Don't trust anyone. Read it yourself. vinny has provided you with the legilsation which clearly states that having PR is one of the conditions that will allow you to obtain RoR.

See also 7.8 (c) in the explanatory memorandum to the changes in the legislation vinny posted.

maxmelion · Post by **maxmelion** » Mon Feb 03, 2014 10:21 pm

Any updates ur case ? Have u granted ror? Have u sent the original PR?

jorge wrote:Hi I'm new to this site.

I moved to UK to follow wife in December 2010 as an no-eu family member. When I moved in uk my wife already has a permanent residence in UK. I got my residence card in March 2011 for 5 years. later my wife got British citizinship now she has dual citizen EU/ British.

Marriage breakdowned and she want divorce. we have been married for nearly 4 years and we still living together. W had live together for 2 and half year in UK. we are both self employe.

For me to apply for retention of right of residence after divorce complete.
Do I need to show that she was exercising treaty rights despite she had permanent residence when arrived in UK and now she's has british citzenship?
please someone help. so much stress.

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Retention of Right of Residence after divorce

Retention of Right of Residence after divorce

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