eea2 or ror

[waqas123]

hi can someone please help!!
i came in uk 8 jan 2008
1.
married with europeon natinal 3.8months,(fmrs, and Rc granted till 2015 nov)
2.
divorce started 3.6 month after marriage
3.
1 .2 month live together
4.
work together in that 1.2 year (all pay slips p60,tanncny agrrement, and letter from employer during that period(1.2years)
5.
separated after marraige 1.2 years,
6.
wife start to live with another guy after that but we never contacted eac other in that time even,but one day she said she have a baby with that guy of 18 months and she needs divorce from me, she applied visa for that partner aswell which HO rejected caz they said we already gave your husband visa for 5 year.
i met 3 solicitors, two of them said that i No need to apply ROR, i need to wait until 2014 nov to applr ILR, one said i have to apply ROR.

questions
1.what happen after my decree absolute(my visa will finish)?
2.do i need to apply ROR?
3.or should i wait till nov 2014 to apply ILR?
what evidence do i need for ROR?
4what evidence i need for ILR?
she will not help me for any evidence,one solicitor said that for evidence he will write letter to N-I and tax return department and asking them to confirm?
please guys help me i am too stress...

[Obie]

well you need to apply for ROR after you receive decree absolute.

You will need evidence that she was a qualified person at the time of divorce. Evidence that at time of divorce she was working will be required.

It is highly unlikely the HMRC will provide these information to your solicitors without your wife's permission, due to the Data protection constraint.

[waqas123]

Thank you for ur quick reply !
But how come solicitor advised me not to apply anything after
Divorce,saying that nothing gonna happen to my existing visa.
And what will be my visa status after divorce?

[Obie]

Will i dont understand why your solicitor said so.

It provides legal certainty by doing it sooner than later, as evidence of your ex exercising treaty rights at time of divorce will be easier to get now than 3 years after divorce.

If you travel, you may be asked the basis of your residence in the UK, and if you are unable to prove that you retain your right of residence, you could face administrative removal or even detention,until you prove otherwise.

Given the above scenerio i have stated,i will not agree with you rep.

[waqas123]

Thank you again!
So what i understand from your answer that my visa will not be cancel, if i am
Not travelling,so if i am not applying RoR now,i will be able to apply ILr after 2
Years,but as u mentioned it will be hard for me to get evidence on that tome that she was working,my problem is that she will not help me because we fight too much and divorce is on tge way(decree nisi granted), so i am scared if i apply ROR now,HO will not grant me Ror because of lacknof evidence, but atleast by applying not i can save my current Rc till nov 2015.i hope u understand my point of veiw
1.what is ur advice
2.shall i apply ror?
3.shall i wait till 2015
4.again if you please dont mind,can you please tell me what will be my status after divorce if i am not applying Ror, visa finished...?
5.if If i apply Ror,and i am not succsessful than what will be my status ?
Thx for ur replies
Because of these solicitors i am too confused.

EDITED BY MODERATOR

[Obie]

I have had to do edit you post, as you included names of firms and individual. This is nor permitted on the forum.

Well they may have adviced in good faith. EU law is complex and ever revolving, so i believe this may sometimes lead to divergance of views.

I feel strongly about the views i expressed and they may feel the same too.

In EU law rights dont derive from residence permit but the actual situation that exist. Essentially, in the absence of right of residence a residence permit confirming residence right is as good as nothing.

I believe you should apply for retention of residence, and on succeeding you will have a new residence card issued for 5 years in your own right,which allows you to travel in an out of the UK without the fear of having to prove the wherabout of your spouse or whether she was working at the time of your divorce.

It will not be advisable for you to apply before getting all the necessary evidence, but once your have obtained it, i am of the view that it is best to apply.

[waqas123]

thank you again for ur reply!!!
i have only 1.2 years evidence of my wife that we live together and we were working together,i got all her pay slips and p60,
married on 23.05.2009(after that continous proof of 1.2 years) and then we separated,and she will not give me any support not even one single payslip. so if i am applying ROR,i am scared it will not get approved because lack of evidence,because in EEA2 form where i need to put her details that employer name,number,how many hours she is working etc etc, and evidence pay slip(minimum one they asked) or bank statement or letter from employer...
that is my problem, she is not even telling me where she is working,so i have not even small evidence.
now please suggest me what should i do
1.apply for ROR with no evidence?
2.what if they will not give me ROR, what will be my status?

[Obie]

That is why i suggested you wait until you have undertaken proper investigation into her treaty rights status before applying for ROR. Did you have a joint bank account. You are more likely to undertake these e investigation now and get these evidence, than waiting couple of years,when she might have left the UK.

[el patron]

If you make an application for spousal maintenance, you will be able to request 'discovery' of your wife's financial circumstances in the divorce proceedings, this may be the same evidence you need to show her exercising treaty rights. Your application for spousal maintenance may not succeed, but at least you will have sight of her financial documentation.

[waqas123]

hi can someone please help!!
i came in uk 8 jan 2008
1.
married with europeon natinal 3.8months,(fmrs, and Rc granted till 2015 nov)
2.
divorce started 3.6 month after marriage
3.
1 .2 month live together
4.
work together in that 1.2 year (all pay slips p60,tanncny agrrement, and letter from employer during that period(1.2years)
5.
separated after marraige 1.2 years,
6.
wife start to live with another guy after that but we never contacted eac other in that time even,but one day she said she have a baby with that guy of 18 months and she needs divorce from me, she applied visa for that partner aswell which HO rejected caz they said we already gave your husband visa for 5 year.
i met 3 solicitors, two of them said that i No need to apply ROR, i need to wait until 2014 nov to applr ILR, one said i have to apply ROR.

questions
1.what happen after my decree absolute(my visa will finish)?
2.do i need to apply ROR?
3.or should i wait till nov 2014 to apply ILR?
what evidence do i need for ROR?
4what evidence i need for ILR?
she will not help me for any evidence,one solicitor said that for evidence he will write letter to N-I and tax return department and asking them to confirm?
5.if i will not apply ror, will my current visa be finished after divorce?
please guys help me i am too stress...

[el patron]

See my post above, to clarify further - if your solicitor issues ancillary relief proceedings the decree absolute may be delayed and in the ancillary relief proceedings you can ask for specific financial discovery. Such discovery may be sufficient for your application to UKBA.

You need to act fast however before your wife obtains the decree absolute, ancillary relief after a decree absolute is unusual.