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Retained rights of residence or private life route

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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risque
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Retained rights of residence or private life route

Post by risque » Sun Apr 26, 2015 5:44 pm

Hi,
Me and my mum received our residence card of a family member of an EEA national on December 2011 after she married my EEA step-father.
It is due to expire on December 2016.
However, my mother is divorcing my step-father on the basis of domestic violence but she has completely lost contact with him. We do not know if he is even in the country and "exercising treaty rights" but wanted to apply for retained rights of residence.
I came to the UK when I was 6 years old and turned 18 this year, and am hoping to go to university.
So I have been living here for more than half my life and think I can apply via the private life route but am aware that this does not apply for my mum.
But I wanted to know if there was any way that my mum can stay in the UK with me as well because there is no way that I can live without her.

Any help will be much appreciated

Obie
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Location: UK/Ireland
Ireland

Re: Retained rights of residence or private life route

Post by Obie » Sun Apr 26, 2015 9:03 pm

What was your step dad doing in the UK in 2011?

Was he ever in employment?

I am not sure the private life Route will enable to get Home Student fee and tution , even if you were to succeed on it, and it appears quire expensive.
Smooth seas do not make skilful sailors

risque
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Re: Retained rights of residence or private life route

Post by risque » Sun Apr 26, 2015 10:41 pm

Obie wrote:What was your step dad doing in the UK in 2011?

Was he ever in employment?

I am not sure the private life Route will enable to get Home Student fee and tution , even if you were to succeed on it, and it appears quire expensive.
Thank you for your reply Obie

He was working in 2011 and we have evidence that he was working up until January of this year, but ever since then we have no more proof, since we lost contact around that time

Sorry, what appears quite expensive? Applying for private life or the tuition fees?
I didn't know that private life didn't entitle me to get home student fee but since I applied to university before all of this happened I was already considered as Home.
Under the private life for spending more than half your life in the UK can you not have access to student finance?

Obie
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Location: UK/Ireland
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Re: Retained rights of residence or private life route

Post by Obie » Sun Apr 26, 2015 10:45 pm

has the divorce been filed?

The other problem with the private life route, it the uncertainlty of the UK saying it is reasonable for you to return home, which they usually do, although i think your case is pretty strong.

Has your mum filed the divorce yet?
Smooth seas do not make skilful sailors

risque
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Re: Retained rights of residence or private life route

Post by risque » Sun Apr 26, 2015 11:54 pm

Obie wrote:has the divorce been filed?

The other problem with the private life route, it the uncertainlty of the UK saying it is reasonable for you to return home, which they usually do, although i think your case is pretty strong.

Has your mum filed the divorce yet?
Oh I see, she's filing for divorce now and the lawyer said it should take around 3 weeks
Do you think we should apply for retained rights first and if that is rejected then apply for private life?

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Retained rights of residence or private life route

Post by Obie » Mon Apr 27, 2015 12:10 am

risque wrote:
Obie wrote:has the divorce been filed?

The other problem with the private life route, it the uncertainlty of the UK saying it is reasonable for you to return home, which they usually do, although i think your case is pretty strong.

Has your mum filed the divorce yet?
Oh I see, she's filing for divorce now and the lawyer said it should take around 3 weeks
Do you think we should apply for retained rights first and if that is rejected then apply for private life?
It will depend on the evidence that she has.

As you are over 18 , there is little option for your mum other than retention.

You may be able to qualify under private life route.

I am sure your lawyer will hopefully show you the best way forward.
Smooth seas do not make skilful sailors

risque
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Posts: 12
Joined: Sun Apr 26, 2015 5:25 pm

Re: Retained rights of residence or private life route

Post by risque » Mon Apr 27, 2015 12:35 am

Obie wrote:
risque wrote:
Obie wrote:has the divorce been filed?

The other problem with the private life route, it the uncertainlty of the UK saying it is reasonable for you to return home, which they usually do, although i think your case is pretty strong.

Has your mum filed the divorce yet?
Oh I see, she's filing for divorce now and the lawyer said it should take around 3 weeks
Do you think we should apply for retained rights first and if that is rejected then apply for private life?
It will depend on the evidence that she has.

As you are over 18 , there is little option for your mum other than retention.

You may be able to qualify under private life route.

I am sure your lawyer will hopefully show you the best way forward.
Thank you

risque
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Posts: 12
Joined: Sun Apr 26, 2015 5:25 pm

Re: Retained rights of residence or private life route

Post by risque » Sat May 16, 2015 2:31 pm

What kind of visa would you get if you applied under the private life route, for having lived in the UK for more than half your life?

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