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Retained Residence Card Now Want To Apply For Permanent Residence

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#1 ibi1975

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Posted 11 November 2012 - 07:59 PM

I am Non EU , my divorcee is German
Married on 17th nov 2007
Divorced on 7 march 2012 (decree absolute)
First residence card from 22 sept 2008 to 22 sept 2013
Second residence card retained on the basic we been divorced + i have custody of EU child ( please mind that I DID NOT supply one single document about my ex like treaty rights or her passport or nothing, all what i did send to the HO is letter from my employer, my last 3 payslips, my bank statements, my P60, decree absolute, court order confirming custody of the child, birth certificate of the child, attendance letter from his school, tenancy agreement, utilities bills, council tax bill.
I got it from 29 Aug 2012 to 29 Aug 2017
Now i want to apply for permanent residence and here r my questions:
1) Am I allowed to apply now ?
2) if so, is there any other documents I should send to the H.O appart from the ones mentioned above?
3) i have been working in the UK for 1 employer for the last 4 years and 2 months.
Would that affect my application as u can see that is not 5 years?
Thanks





#2 Victoria

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Posted 13 November 2012 - 03:38 PM

You may be able to apply but further evidence is needed. This is a very tricky category.

#3 Mutly

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Posted 19 November 2012 - 09:14 AM

court order confirming custody of the child, birth certificate of the child


Therefore you have a retained right of residence through the child whether divorced or not.

1) Am I allowed to apply now ?


When did you and your former wife arrive in the UK and she start exercising treaty rights? You need five years of residence under the European rules.

2) if so, is there any other documents I should send to the H.O appart from the ones mentioned above?


Your wife's treaty rights from arrival to the date of the decree absolute and your own residence (whether working or not) during this period.
From the date of the decree absolute, you need to have been exercising treaty rights, ie. show your employment.
Also the same details as previously about your child.

It would be worthwhile having a document check done by an advisor. There seems from your post to be no problem qualifying once you have been in the UK for five years, however it's important to have the right documents and that can vary according to the specifics of the situation.

#4 ibi1975

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Posted 19 November 2012 - 02:48 PM

When did you and your former wife arrive in the UK and she start exercising treaty rights? You need five years of residence under the European rules.

We did on january 2007

I have been working full tim continusly for the last 4 years and 3 months, the problem is that my ex would never help with her previous treaty rights documents, what shall i do?

#5 Mutly

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Posted 19 November 2012 - 03:09 PM

We did on january 2007


If your former wife was exercising treaty rights from that date, you became a permanent resident in January 2012 and, because the decree absolute wasn't issued until March, you can show that period and your continued presence in the UK from March to the date of application. In that case you need to mention on the application that this is the relevant five year period.

Otherwise as above, the five years ending on the date of application.

the problem is that my ex would never help with her previous treaty rights documents, what shall i do?


You'll need them either way at least for the period ending with the decree absolute. Do you have any? Wage slips, contracts, P60s etc? Is there any bargaining you can do to get them?
Otherwise see Evidence in retained rights of residence cases. You need to ask the HO to assist using their power to obtain verification of your former wife's employment and if that fails it needs to be appealed to ask the tribunal to direct the HO to make checks. It would be best to have an advisor assist with that and unfortunately it's time consuming and complex, but it is possible.

#6 ibi1975

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Posted 19 November 2012 - 04:17 PM

Thanks for yor professional reply and with that attached link which does make a big sense to me.

There is no way to provide the HO with my ex previous treaty rights docs as I said.

With my application, I will enclose a covering letter explaining that and ask them kindly to use their power as younhave mentioned to check themselves.

i believe itmis possible, otherwise I Will he ready to challenge them with an appeal inmcase they refuse.

But i have to mention to u this, i first arrive to uk on sept 2000, i was under asylum application until they have refused me on 2005, i stayed illigal from 2005 untill the day i obtained my first resident card 22 sept 2008.

Does the 5 years residence count from our marriage date 17 nov 2007
Or
From the date of the start of the residence card

Thanks

#7 Mutly

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Posted 19 November 2012 - 04:25 PM

The five year period starts from when you got married if that was in the UK and your wife was exercising treaty rights at the time.

Sorry my last post was wrong because I overlooked your date of marriage. Your five year period has just been completed, so that's what you need to show on the application.

The date the residence card was issued doesn't matter.

It would be best to have an advisor assist with the request to the HO if possible but otherwise proceed as you say and include as much information as you can, for example everything you know about her work, the dates, name of the company, address of the company etc. so that the HO can use that to verify the employment.

#8 ibi1975

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Posted 19 November 2012 - 05:08 PM



The marriage was in Tunisia, by proxy. It wasn't in the UK. And of course the HO did recongnise it.

Does that still apply to my case?

#9 Mutly

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Posted 19 November 2012 - 05:10 PM

As the HO has recognised the marriage then yes.

#10 ibi1975

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Posted 19 November 2012 - 05:13 PM

Can you assist me with my application, if you got time please, i want to submit everything tomorrow morning





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