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Divorce & Pr


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#1 maria elizabeth

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Posted 19 August 2011 - 09:15 AM

Good Day,

My daughter's divorce was announced yesterday 18/8/2011. As stated earlier in this forum she got married with French National on August 23rd 2006 in India and entered u.k on 23rd Sept,2006. Her Residence is stamped till 29th July 2012. Her passport expires on 22/09/2012. I have read that it takes nearly a year for the HO to stamp PR.

Kindly guide us what to do from now, whether to apply for PR this month or apply for Naturalisation next year. She was in India on vacation in Sept 2007 for 3 weeks. Left for u.k on 4th October 2007.

The joint property mortgage is taken over by her husband by signing indemnity to the bank . She would be free from the mortgage after 2 weeks.

Your early reply is anxiously expected.

Regards

Maria Elizabeth





#2 Victoria

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Posted 19 August 2011 - 09:34 AM

She can do either. Its her choice.

#3 Mutly

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Posted 19 August 2011 - 02:02 PM

Her current ressidence card will expire before she could apply for naturalisation so it would be best to apply for permanent residence when she is able to, which will be next month after being in the UK under the European rules for five years. That way she will not be without residence documentation. The application may take between two and five months but unlike in the past it won't take a year under normal circumstances.

Also she will need to show her husband's exercise of treaty rights between entering the UK and the issue of the divorce decree absolute and submit his passport or ID card, it may be easier to do that now if she would not have access to the documents in the future. (They would also be necessary if naturalising without a permanent residence card.) She will also need to show that she met the conditions after the divorce.

The mortgage doesn't matter. The absence from the UK doesn't matter unless there were others adding up to over six months in any twelve months. (Less for naturalisation.)

For naturalisation the Life in the UK Test is necessary, for permanent residence it's not.

#4 maria elizabeth

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Posted 19 August 2011 - 06:19 PM

Good Day,

Thank you Victoria and Mutly for your prompt replies for my querry. My daughter and her husband stayed seperately since January 2010. She has only her original documents and marriage certificate. She has copies of her husbands passport. She can arrange to get the monthly bills of their joint property and joint bank account.

They are not on speaking terms. So I have my doubt if he gives his original documents. Would the copies of husband's passport be sent alongwith EEE4 alongwith divorce certificate and other required documents. We are really in dilemma.

Please let us know how to go about for PR next month.

Regards

Maria Elizabeth

#5 Victoria

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Posted 19 August 2011 - 11:31 PM

As previously advised, she needs evidence that he was exercising his treaty rights.

#6 Mutly

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Posted 20 August 2011 - 06:32 AM

The HO won't accept passport copies, however as you have a residence card you could potentially argue that her husband's EEA nationality has been shown. Whilst consistent with the wording of the casework instructions, I don't know if the HO would accept it.

As Vicotria said you'll need to show the husband's exercise of treaty rights prior to the divorce decree absolute. If he has been issued with a permanent residence document, this could be used. (If he hasn't been in the UK for five years then he is not a permanent resident either.)
See also Correction to earlier shared burden post and the previous post and Amos case linked there. Your daughter will need to consult an advisor about what documents she may be able to get which the HO would accept, and can also consider whether she could ask her former husband to assist as a bargaining option with any future settlements etc.

#7 maria elizabeth

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Posted 24 August 2012 - 06:52 AM

The HO won't accept passport copies, however as you have a residence card you could potentially argue that her husband's EEA nationality has been shown. Whilst consistent with the wording of the casework instructions, I don't know if the HO would accept it.

As Vicotria said you'll need to show the husband's exercise of treaty rights prior to the divorce decree absolute. If he has been issued with a permanent residence document, this could be used. (If he hasn't been in the UK for five years then he is not a permanent resident either.)
See also Correction to earlier shared burden post and the previous post and Amos case linked there. Your daughter will need to consult an advisor about what documents she may be able to get which the HO would accept, and can also consider whether she could ask her former husband to assist as a bargaining option with any future settlements etc.



#8 maria elizabeth

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Posted 24 August 2012 - 07:09 AM

Godd Day,

My daughter applied for PR on 14/11/2011. Received COA dated 1st Dec 2011. Application without her passport was returned by H.O asking for her former husband documents for treaty rights in mid February 2012. He helped her by giving his P60s for 5 yrs and also initial contract letter of his 1st employment. Fresh application with the required documents was sent to H.O on 19th March 2012. She received COA on 24th April stating that it would take 6 months for the decision.

Her residence visa of 5 yrs ended on 28th July 2012. Its very stressful to state that her passport is valid till 22nd Sept 2012. H.O is delaying considerably these days with PR applications. I also bring it your knowledge that my daughter was short of few days when the divorce was granted before her 5th marriage anniversary. Please help us with your valuable advice and suggestions.

Regards

Maria

#9 Mutly

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Posted 25 August 2012 - 11:04 AM

If there is no decision six months after application, she can involve her MP and/or have a solicitor write to the HO threatening proceedings.

If she misses out on a job or has to stop working because of a gap between the COA and the decision after six months, she can sue the HO for the loss if she can prove it.

It doesn't matter that her residence card has expired.

It shouldn't normally matter if her passport expires either as it was valid when submitted, the permanent residence card would then be on an ISD, immigration status document. I can't guarantee that it won't be an issue, but it shouldn't be, and the HO is still obliged to decide the application within six months.

Your daughter was married for three years before divorce proceedings began and lived in the UK for a year as a spouse, so from the date of the decree absolute to the fifth anniversary of her UK residence under the European ruls she needs to be deemed to be exercising treaty rights herself.

#10 maria elizabeth

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Posted 26 August 2012 - 07:09 AM

Thank you very much Mutly for your prompt advice. In fact I was eagerly waiting for your your post. On Sept 19th it would be 6 months for the application sent to H.O.
It was only a matter of few days my daughter was divorced before her 5th anniversary. Is there any chance of her getting PR instead of ROR. I would be very glad if she gets PR status instead of retained rights of residence.

Regards

Maria




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