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Your solicitor is wise to caution you about your father's position post divorce. When did your Dad come to the UK?Lolik123457 wrote:Dear forum experts and forum readers Iz need help.I am non Eu residence been married for almost 8 years with my Eea wife,my father came to visit us but after we decided that dad stay with us,he sold his property back home and help me to buy house in uK.We applied for EEa2 and been issued residence card for 5 years which will expire on 2017.Me and my wife can't stay together no more and ready to start divorce proceeding,my worry only what will happen with my dad now?he is in his 60 years old he doesn't have house no more as helped new family(me and my wife).I don't have money to buy for him flat back home,and I am the only son who look after him.He works part time.My question are shall I wait untill 2017 and apply for Eea4 or shall I apply when I divorce?Solicitor I been to said as soon as I divorce My dad has to leave the country but I can't
“Family member who has retained the right of residence”Lolik123457 wrote:My dad came in 2012,but I spoke with different lawyer and he said that even I divorce with my wife it won't effect my dad status,and he can carry on leaving untill his residency expire and only I have to show that I work,I don't know which of solicitor right? As I know that as soon as I received my permanent residency I lose European rights.pls advice needed as spent already 200 pounds and both solicitors told different story.
The current residence card will be invalid post divorce, reapply for a further 5 year card from date of divorce, he applies for pr in 2017. I don't see your naturalisation as relevant either way.Lolik123457 wrote:Thank you for your kind reply,my father did live with us more than a year,he still lives with me.i been married for almost 8 years.is that mean that he can apply under paragraph 6a,but on what category and when to apply?after 2017 when his resident will expire or now,as I will be applying for naturalisation soon is it effect my father right? Thanks so much
I do not understand what difference being 65 makes to your Dad in an EEA application and how his status would be affected by you becoming British. The EEA regulations I quote depend on the retained status he acquires via the application he makes after your divorce, in the case of (6) (a) it is evidence of his exercise of treaty rights that should be evidenced. I suppose if he was relying upon (6) (b) your naturalisation may have some relevance, but I would still argue that you would already have your pr and his derived rights should not be voided by your naturalisation, could be an appeal point though! However as he is a worker it is a (6) (a) application and your naturalisation is not relevant.Lolik123457 wrote:My naturalisation will effect my dad status as he only can apply after 65 years old,that's what solicitor said,that if I will apply for naturalisation my dad loses his right under eu rules. So if I apply after divorce what documents should be submitted,my ex employment,and his one or mine? Also does he need medical cover? Thanks.
Hi Obie,Obie wrote:It is a very unfortunate state of affair.
The lawyer is clearly wrong and appears to have no understanding of how the regulations operates.
If you are able to secure retention of residence, and if it can be shown that your dad is dependent on you , then I see no reason why he will be unable to retain his rights.
I don't think 10(6) (a) is a Standalone provision, it has to be read consistently with 10(5).el patron wrote:Hi Obie,Obie wrote:It is a very unfortunate state of affair.
The lawyer is clearly wrong and appears to have no understanding of how the regulations operates.
If you are able to secure retention of residence, and if it can be shown that your dad is dependent on you , then I see no reason why he will be unable to retain his rights.
does it not read from (6) (a) that as his dad is a worker, dad then has sufficient standing to retain rights without depending on the former spouse (his son) also retaing rights, essentially I believe the dad can claim retained rights independently from his son's claim as a result of the cessation of his son's marriage to to the EEA national.
this point interests me, on reading 10 (5) I see no inconsistency... I could be wearing the wrong glasses though!Obie wrote:I don't think 10(6) (a) is a Standalone provision, it has to be read consistently with 10(5).el patron wrote:Hi Obie,Obie wrote:It is a very unfortunate state of affair.
The lawyer is clearly wrong and appears to have no understanding of how the regulations operates.
If you are able to secure retention of residence, and if it can be shown that your dad is dependent on you , then I see no reason why he will be unable to retain his rights.
does it not read from (6) (a) that as his dad is a worker, dad then has sufficient standing to retain rights without depending on the former spouse (his son) also retaing rights, essentially I believe the dad can claim retained rights independently from his son's claim as a result of the cessation of his son's marriage to to the EEA national.
If the son is able to retain a right of residence then father will, otherwise the father cannot secure an independent right.
yet it states marriage... of that person and not marriage to that person (in 10 (5) (a))Obie wrote:By virtue of 10(5)(c) a person has to show they meet the requirement of 10(6) (a) or(b).
Therefore meeting the requirement of 10(6) (a) or 10(6)(b) is not sufficient for a person to maintain their rights of residence.
They will also need to show that 10(a) (b) and the optional provision of 10(d) are met inorder retain their right of residence.
Well I did not dispute that , if I remembered correctly .el patron wrote:Dad is a worker, he can apply for retained rights on termination of his son's marriage to EEA national
yes but essentially I'm saying the father fits all the boxes, son will have no need to claim retained rights and dad can go ahead and apply without any need for the son to do so.Obie wrote:Well I did not dispute that , if I remembered correctly .el patron wrote:Dad is a worker, he can apply for retained rights on termination of his son's marriage to EEA national
All I said is , the retention of right by the father is on the basis that he constitute a pre existing family of his son, who benefit from the retention of a right of residence .
All lawyers from Uk London,one based in Waterloo,one firm in Covent Garden and the third one is in Woolwich barrister from Chambers.Obie wrote:Which part of the country are these lawyers giving this advise based?
There advise is clearly flawed.