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EEA spouse, divorce and...ILR

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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yasa222
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Joined: Sun Nov 08, 2015 4:28 pm

EEA spouse, divorce and...ILR

Post by yasa222 » Sun Nov 08, 2015 5:23 pm

The case is this:

I am non EU citizen had married a EU citizen and got a five years visa.i have come to divorce before the end of the five years and can i reques to grant an ILR or PR, is there still any chance that an application for an ILR goes through ?
I lived with my Ex wife for more then 3 years
i start living since march 2012 got married in september 2012 and issued residence document in jan 2014
Need Advise please

Obie
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Location: UK/Ireland
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Re: EEA spouse, divorce and...ILR

Post by Obie » Sun Nov 08, 2015 7:54 pm

You can't get ILR under the EEA Regulations.

The most you can hope for is Permanent Residence.

All things being equal, you will not qualify for that until at least September 2017.

At present you can only qualify for Retention of residence which us not ILR.
Smooth seas do not make skilful sailors

BCMN1
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Re: EEA spouse, divorce and...ILR

Post by BCMN1 » Mon Nov 09, 2015 9:27 am

Hi,

I have a similar question.

A friend of mine got married to an EU national and go his 5 years spouse visa until 2018, now they are no longer together. However my friend's 2 brothers are British National and one of them was advise by a solicitor that if they set up business in any EU country this can help their brother to get early ILR(which did not make any sense to me) in 3-6months.

Moderator,Gurus would you please shed a light on this.

Appreciate your assistance.

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Casa
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Re: EEA spouse, divorce and...ILR

Post by Casa » Mon Nov 09, 2015 9:39 am

The solicitor probably is confused about the Surinder Singh route, or your friend hasn't fully understood the advice given.

https://www.freemovement.org.uk/surinde ... ion-route/

https://www.gov.uk/family-permit/surinder-singh
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

BCMN1
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Re: EEA spouse, divorce and...ILR

Post by BCMN1 » Mon Nov 09, 2015 9:57 am

Hi,

Many thanks for your reply.

Surinder Singh route can be applicable to a brother 18+ currently holding 5 years EEA spouse visa in the UK?

Regards,

BCMN1

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Casa
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Re: EEA spouse, divorce and...ILR

Post by Casa » Mon Nov 09, 2015 9:59 am

Only if he can prove that he is wholly dependent on his British brother/brothers.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

BCMN1
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Re: EEA spouse, divorce and...ILR

Post by BCMN1 » Mon Nov 09, 2015 10:16 am

Appreciate your help Casa...:)

Aziz P
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Joined: Sun Nov 08, 2015 9:21 pm

Re: EEA spouse, divorce and...ILR

Post by Aziz P » Mon Nov 09, 2015 5:57 pm

Dear,
Hope you all well.


How can I apply spouse visa to my wife. Who currently in India.


Following my biography,


I have entered in uk on Working holiday visa in 2007.
- Got married in 2010 with Italian(EEA).
- we have been lived together till end of the 2013.
- Unfortunately due to personal reasons we took divorce in 2013.
- I got Permanent Residents card in Feb 2015 which is valid upto 2025.


Now I am going to marriage with My fiancée who is in India in this December 2015.
So on which route I should go ??? (EEA or Uk route)



Another thing my brother is dependent on me since 2010. I can prove this dependency.
Currently he is in uk on student visa which is valid till JANUARY 2017. And he is living with me. I have paid his tuition fee as well as living cost too.

Is there any route to convert his student visa to as Extended Family visa on me.

I will be thankful and grateful for you all for the advice.

Kind Regards.

Aziz P
Newly Registered
Posts: 4
Joined: Sun Nov 08, 2015 9:21 pm

Re: EEA spouse, divorce and...ILR

Post by Aziz P » Mon Nov 09, 2015 5:57 pm

Dear,
Hope you all well.


How can I apply spouse visa to my wife. Who currently in India.


Following my biography,


I have entered in uk on Working holiday visa in 2007.
- Got married in 2010 with Italian(EEA).
- we have been lived together till end of the 2013.
- Unfortunately due to personal reasons we took divorce in 2013.
- I got Permanent Residents card in Feb 2015 which is valid upto 2025.


Now I am going to marriage with My fiancée who is in India in this December 2015.
So on which route I should go ??? (EEA or Uk route)



Another thing my brother is dependent on me since 2010. I can prove this dependency.
Currently he is in uk on student visa which is valid till JANUARY 2017. And he is living with me. I have paid his tuition fee as well as living cost too.

Is there any route to convert his student visa to as Extended Family visa on me.

I will be thankful and grateful for you all for the advice.

Kind Regards.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: EEA spouse, divorce and...ILR

Post by Casa » Mon Nov 09, 2015 6:00 pm

Aziz P you've posted this in another member's thread and it bears no relevance to the situation here. Please post in your own thread as it will only cause confusion here.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Re: EEA spouse, divorce and...ILR

Post by Obie » Mon Nov 09, 2015 6:02 pm

It is not just AZIZ. All the posters after mine, appeared to have Hijacked this thread, save for you CASA
Smooth seas do not make skilful sailors

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Casa
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Re: EEA spouse, divorce and...ILR

Post by Casa » Mon Nov 09, 2015 6:19 pm

Obie wrote:It is not just AZIZ. All the posters after mine, appeared to have Hijacked this thread, save for you CASA

Arghhh! I give up Obie :roll:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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