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Good that you had the foresight to apply for your RC (& prior to 2012)Amine-medini wrote:Hello everyone . It's the first time I post something here although I fellow it as much as the premiere league ;
I am getting ready to apply for EEA4 pr and need some help please .
I am non eu national my wife is Irish/British national we have two daughters aged 6 and 4 both British passport holder bases on their mother being British . We choose EEA route based on my wife being Irish to regularise my situation ...
Problem number 1 :
2011 apply for EEA 2 for both of us , we received residence card for me ( 5 years)
My wife they sent her something difference a blue card inside is residence document with no renewal date ,
...
Or I am missing something???
Number 2 problem :
when we applied for RC . We did it on her being self sufficient and me not working as I couldn't ( expired visa) obviously after I received COA with right to work I straight away start working and never stopped since than we can even say that I am the non Eu partner and the sponsor and no need for CSI ( we had it than we cancelled it after I start working) was that I wise move that we did ??? Am I right that applying for EEA4 will be me the sponsor ( p60 for me all those 5 years ) ???
does that work or you think that a problem ??? for her that she didn't work )
For her defence she was hospitalise on many occasion due toblood clots she had after giving birth also she is taking care of the babies so couldn't work )
Number 3 problem
Benefits
I will cut it short we do receive child tax credit for both of my kids and children benefits . Was that wrong ??
Number 4 problem
biometric
...
This is why I do post so often I don't know how to be brief and clear . I made a lot of effort this basically all my case with all the details please help
I truly appreciate the help and your time
Thank you
Your wife doesn't need to apply for anything, as a BC she has a right to abode already.Amine-medini wrote:Thank you very much
I read carefully what you said
My wife received a residence documentation in May 2011 , with no renewal date on it , it's a blue card which u can fold in 3 , dies that mean she doesn't need to apply further ??EEA3 ??
Is my p60 relevant at all in the application ,
Husband work wife looking after young children all those 5 years it's just happened to be the wife is the sponsor
So how can we demonstrate the she has been exerting her treaty right in the UK ,
I think the lack of CSI is a problem.Amine-medini wrote:Hello
In light of your analysis ,
I will be applying for eea4 , my wife as sponsor under self sufficient category , showing them my p60 and bank statement . Have a look at this
Evidence that there are suffiscent fund to maintain your self and any family memebers ....
Evidence of 'employment of any of you family members . ...
( in this case me member of her family working legally helping her to be self suffiscent )
Am I interpreting the paragraph wrong .
Csi as previously stated he's been canceled after my employment start , Ian going to take up a new one , but it seems to me that is not going to help obtaining PR because she and I weren't covered the entire 5 years , so maybe another RC 5 years )
What are your thoughts on that ?
Thank you
Good you have the RC.Amine-medini wrote:Yes I do I have RC since 2011 .
So to resume , if I do take up a csi for both of us today and apply for EEA 4 couples month before my RC due to expire ( June 2016) so you think I might only eligible of another 5 years RC and fails on EEA4 , this is my best scenario that I see happening , unless you have another interpretation to ". failEEA4" that you most likely see happening to me
Well CSI is a form of insurance so its unlikely it can be back-dated.Amine-medini wrote:Even with a renewed csi ??
Do I still need to apply for PR Anyway using EEA4
I see WPA is often mentioned in these forums. There must be other providers too.Amine-medini wrote:Well , thank you for everything'
I will submit EEA4 and see what happened .
Can you or anyone recommend a good cheap csi basic that hi would accept
Thanks a lot
If not divorced you are still legally married - and EU rules still apply.Amine-medini wrote:Appply without help from my wife ??
Will the documents listed above are sufficient ?
...
How will I seek assistance from the Secretary of state ?
Thank you
If you do divorce you need to look at RoR to retain your residency in UK.If UK Border Agency is directed by an Immigration Judge to contact another government department to obtain evidence on the exercise of Treaty rights, the Agency will comply with this in all cases.
In such circumstances, however, UKBA would hope and expect that the Tribunal would not make directions where the applicant has not even attempted to obtain this information themselves.
Amine-medini wrote:Another thing . my 2 daughters are 2 British citizens through my wife dual nationality Irish/British
When the CSI was cancelled, your wife ceased to be a 'qualified person', so, unless you've been regularly leaving and returning ('doing visa runs') to the UK so as to keep restarting the initial 3 months, you became an illegal immigrant when the CSI was cancelled, and Schedule 3 Regulation 2(3)(a) froze that status on 16 July 2012. The new CSI did not revive the status, for then your wife was an ordinary British national as far as the regulations are concerned; her Irish citizenship had become irrelevant for the EEA regulations.Amine-medini wrote:Hello everyone ,my case I'd quite complex. to explain it briefly
Non EU married to eea national 2009
Apply for eea 2 in 2010
Self sufficient with CSI but canceled shortly after
Now 5 years later eea2 expire soon .
Got a new CSI for me and my wife
This assumes she doesn't do something financially stupid like renouncing Irish nationality. (I don't know if that's a fast or a slow process.) If the OP still has the right of residence, he needs to make sure his wife understands that it is in the children's best interests to cooperate with his obtaining a residence certificate. No RC, no job. No job, no maintenance. If she thinks the children are better off with their father out of the country, then she may well achieve his departure.Obie wrote:Suffice to say if you and your wife get divorced, and you can show your marriage lasted for at least 3 years,,including 1 years spent in the UK, then you will be able to retain your right of residence.
Well, if you can hide her British citizenship from the Home Office forever, then apart from that issue, legally you can obtain a residence certificate without her passport.Amine-medini wrote:Forget the British nationality issu
We apply in 2010 through her Irish one .it just happen to her to be also British .
The only EEA-related right arises if you will be their sole carer, and you may have to argue that their mother is not a fit person to care for them.Amine-medini wrote: In another note , right of father to live where his childrens live ? Really nothing there daughters 4 and 6?