TIER 5 YOUTH MOBILITY MIGRANT

[CR001]

Yes, it would be RoR (Rights of Residence) and he has to apply for it which can take many months. However, he cannot sponsor you on this status as far as I am aware. He would only be able to sponsor you once he has obtained PR.

[LondonLadyfromAus]

Even if we are married at that point? Re ROR

Thx CR

Ps no reply from his immigration lawyer yet

[Casa]

CR001 is right. He will need Permanent Residency (PR) before he is able to sponsor you as his wife and from the time scale you've posted he's at least 3 years off from that.

[LondonLadyfromAus]

not sure that the lawyer has applied for ROR so that's not definite. There may be another classification under which he has applied.

Regardless, we will be together, that's the main thing. I'll keep u guys updated on what further info I find out. Hope ur both well CR and Casa!

[CR001]

All ok here, tough week for me but thats another story.

I cannot see any other application that would be relevant following divorce from EEA but RoR.

[LondonLadyfromAus]

Sorry to hear it!!

Hope ur ok

You know better than me! If that's the case, that's crazy. A married couple should have human rights to remain together! Especially when the partner has been coupled for two years, started a UK company and Aussie citizen!

[CR001]

Those are the rules unfortunately. Imagine if it was that easy, we would be flooded (more than we are now). Enough sham marriages going on (not you), the rules should be tougher.

I would chase his immigration adivsor for an answer to your question so that you can get a better understanding of what to do.

[LondonLadyfromAus]

Yeah that truly sucks. Have emailed, shall wait.

Hear you re sham marriages. No sham hear, just want to stay together. If it has to be elsewhere, that's fine. It's just the big change and getting used to a new life again.

Boy oh boy. Looks like we will be moving soon then! What will happen to my UK business, will I have to dissolve it? Oy.

[noajthan]

CR001 is right. He will need Permanent Residency (PR) before he is able to sponsor you as his wife and from the time scale you've posted he's at least 3 years off from that.

@Casa, even with eventual PR after RoR the person would not be an EEA national.

So could he really sponsor a family member/ spouse under EU rules?
(assuming there's still an EU left by then).

[LondonLadyfromAus]

Why couldn't he sponsor under UK? Does UK not do ROR.

Gosh I had no idea living in London would be so complex lol. Ignorance is bliss

[noajthan]

Why couldn't he sponsor under UK? Does UK not do ROR.

Gosh I had no idea living in London would be so complex lol. Ignorance is bliss

RoR is 'retained residency' rights in context of EU rules.

Suggest you need to persuade your rep to explain what she/he is doing & what trajectory they're actually following.

[LondonLadyfromAus]

Yup onto it. Responses from lawyer seem to be w waiting game at time

[Casa]

CR001 is right. He will need Permanent Residency (PR) before he is able to sponsor you as his wife and from the time scale you've posted he's at least 3 years off from that.

@Casa, even with eventual PR after RoR the person would not be an EEA national.

So could he really sponsor a family member/ spouse under EU rules?
(assuming there's still an EU left by then).

@noajthan you may well be right. The UK regulation route will be tougher if the OP no longer has valid leave.

[Casa]

Yup onto it. Responses from lawyer seem to be w waiting game at time

What do you intend to do when your Tier-5 visa expires in 5 months time? Have you discussed this with your legal advisor?

[LondonLadyfromAus]

Hey all - thanks so much for all your intellect and thought and concern. Really helps put me on the right path with action.

Partners lawyer today replied, he said he cant comment without authority for info letter. So have got partner to send authority over - hoping ill get an answer soon. I basically just asked him if i could 'ride' off his status - spousal. Then today I asked exactly what route did he take?

As soon as I get the info ill let you know.

As for me, I havent hired my own lawyer or anything. I hate how you have to pay £900 up front in some cases, just for them to hear your situation....I am not sure exactly whom to see - can you recommend any reputable law firms or lawyers in London ?

I don't want to get duped. None of us do! Thanks guys. LondonLady.

[CR001]

can you recommend any reputable law firms or lawyers in London ?

Members are not permitted to advise law firms/lawyers on the forum, it is a form of 'advertising' and is not permitted.

If your partner gets RoR following his divorce, there is no option for you to stay as his spouse/partner. He cannot sponsor you until he secures permanent residence or British citizenship.

You will need to start researching if there is any other visa category you might qualify for (student, Tier 1 Ent, etc)

[LondonLadyfromAus]

Hi All!

Okay noted re law firms no big deal!

Here's the reply from Laywer:

"I have noted that he has now finalised the divorce.

That development alters the legal basis of the application as submitted. The issue now is called a retained right of residency.

What needs to be proved is that at date of divorce both him and ex wife were in uk exercising treaty rights. I assume she remains self employed . Ideally we should provide evidence that he is working at the date of divorce. He might have started even a month ago. In my view he is allowed to work for reasons which I can explain if necessary."

[noajthan]

Hi All!

Okay noted re law firms no big deal!

Here's the reply from Laywer:

"I have noted that he has now finalised the divorce.

That development alters the legal basis of the application as submitted. The issue now is called a retained right of residency.

What needs to be proved is that at date of divorce both him and ex wife were in uk exercising treaty rights. I assume she remains self employed . Ideally we should provide evidence that he is working at the date of divorce. He might have started even a month ago. In my view he is allowed to work for reasons which I can explain if necessary."

So it is EU rules - RoR.
All good for the applicant himself.

But according to my understanding, said applicant will not be able to sponsor a dependent or family member;
this is because he is not an EEA national even though his status should be stabilised/regularised under EU rules (due to the divorce).

[LondonLadyfromAus]

With all due respect to your knowledge, I'm hoping you are wrong haha - though, I know you're right!

We are having a call with the lawyer tomorrow morning GMT, so I'll let you know what he says.

I'm hoping that there is a loophole or justification for sponsorship somehow. If not, I've just started to talk to Italian embassy here in London - I found out I CAN have heritage acknowledgement, and it might give me a visa and/or grounds for citizenship (after period of stay). Regardless it's worth a big shot!

Thanks again all - you're the best.

[CR001]

+1 on what noajthan says (and he is not wrong) and also reiterating my point that he can only sponsor you once he has 'settled' status (PR in this case or British Citizenship)

You also need to understand that RoR is not transferable to other EU countries as far as I am aware. He would need to remain in the UK to qualify for PR.

There is no loophole for him to be able to sponsor you as his status is solely based on his EU ex wife.

[noajthan]

With all due respect to your knowledge, I'm hoping you are wrong haha - though, I know you're right!

We are having a call with the lawyer tomorrow morning GMT, so I'll let you know what he says.

I'm hoping that there is a loophole or justification for sponsorship somehow. If not, I've just started to talk to Italian embassy here in London - I found out I CAN have heritage acknowledgement, and it might give me a visa and/or grounds for citizenship (after period of stay). Regardless it's worth a big shot!

Thanks again all - you're the best.

Well I have no skin in the game. If I'm off the mark I will learn something worthwhile.

And if you're Italian you're laughing - you can sponsor him.
Viva free movement!

[CR001]

And if you're Italian you're laughing - you can sponsor him.
Viva free movement!

Which would again, likely reset his qualifying period for PR.

[LondonLadyfromAus]

CR you should be a lawyer!

I appreciate what you're saying, but what is the harm in hope? As I said I talk to lawyer tomorrow. I'll let you know what he says

Until then, going to continue with italian heritage acknowledgement and preparing my entrepreneur viability (juuust in case). Noajthan hahaha would be funny in the end if i did gain some rights to move!! Being Aussie, we have great access for travel to over 170 countries in the world without hassle! But for right to stay, different entirely! Never knew it would be so tricky. Then again, millions have it worse than Aussies so cannot complain!

Being together is more important that PR - just so you know. So it doesn't matter re 'reset'. What matters is being together, truly - the rest, meh. Would just be nice to remain - doesn't have to be bad if we can't.

Thanks again u guys!

[LondonLadyfromAus]

Hey All

As promised I'm letting you know what the latest is:

Spoke to lawyer - he said my partner can apply for PR in December of this year as It will be five years marriage by then (even though the divorce was this Feb). Apparently that counts toward PR. Thats really cool i wasnt expecting that.

Really, he just need to get ROR and then go for PR by Dec.

As for me I have to see a Tier 5 specialist. I'll keep you posted on what I can figure out.

[CR001]

You cannot extend your Tier 5 YMS and will need to leave by the expiry date. You also cannot switch within the UK to Tier 1 Entrepreneur from Tier 5.