withdrawing sponsorship from eea residence card

senin · Post by **senin** » Wed Nov 26, 2008 10:21 pm

Hi Everyone
Hope some one can give me the info I need.
I have recently found out that my partner (ex in my eyes) lied on his application for his EEA 5 year residence card. He has previous criminal convictions and has been removed/ deported from another EU country. None of this information was disclosed on the application form. Also, I have found out that he has been married for the past 8 years toa girl from sweden, their relationship has ended but they have never got divorced.

Last week I sent a letter to the Evidence and Enquiry department of the Home Office, informing them of this and also have asked for my sponsorship to be withdrawn from his application. I have asked them to never let him know that I have done this as he is a very violent and aggressive person. I have a son (not his) and a daughter (his) and would not want them hurt in any way.

What do you think the home office will do? After all he basically committed fraud on his application by not disclosing the fact that he has a criminal record, has been deported from Germany and is still married. As he is still waiting on his 5 year residence pemit, with this knowledge that the home office now have is it likely that he will receive the residence permit?
How long will it take for them to act on the information?

All information on this matter is greatly appreciated.

Post by **Frontier Mole** » Thu Nov 27, 2008 12:07 am

Are you still with your partner?

Post by **archigabe** » Thu Nov 27, 2008 12:10 am

Things seem to have changed quite a bit in just a day?
http://www.immigrationboards.com/viewto ... ht=#209945

Post by **Frontier Mole** » Thu Nov 27, 2008 12:37 am

Not even a day - try 30 minutes between posts!!

The information does not stack up! How can she say she contacted UKBA last week to jack in her partner but is still waiting for PR for him.

No doubt the story will unfold in time.......

senin · Post by **senin** » Thu Nov 27, 2008 8:05 am

Hi,
Of course I am still interested in his residence card application which has taken to date 8 mths 14 days and they still haven't done anything. No, I am no longer his partner however he is still living in the same house as me. The reason I posted is to find out how recent information that i have sent to the home office will affect his application. Will he still be entitled to get a RC (i am hoping not)? I need to know with the new information will he be removed from the country and how long will it take?

Senin

Post by **Frontier Mole** » Thu Nov 27, 2008 8:21 am

If he is prone to violence and you are still living with him you are putting yourself at risk. It will not take a mastermind to work out where the information came from.
What evidence did you supply to the HO to back up the points you have mentioned. Without evidence such as a marriage certificate or information on his criminal record it will not really go anywhere. The HO rarely seek information from our EU partners and when it does happen it takes quite sometime.
Do you know what crime he committed in Germany, was he imprisoned for more than two years?

senin · Post by **senin** » Thu Nov 27, 2008 1:12 pm

hi
I told them the crime, aggrivated burgulary and assault which he served a jail sentence of 2 years 3 months for. Then he was realised, a year later, probably for another offence he was deported from Germany to Turkey. As he is a non eea member and has done all of this is it likely that he will be given his residence card?

I have no proof that he is still married,no marriage cert or anything like that. However, on his turkish ID card it states that he is married.
During the time that the application has been with the home office his passport has expired, will this also have an affect?
How long does it take for the home office to return my documents after withdrawing sponsorship?

Again, any information is greatly appreciated. I really would like whatever is going to happen to him to happen asap.

Senin

republique · Post by **republique** » Thu Nov 27, 2008 1:36 pm

senin wrote:hi
I told them the crime, aggrivated burgulary and assault which he served a jail sentence of 2 years 3 months for. Then he was realised, a year later, probably for another offence he was deported from Germany to Turkey. As he is a non eea member and has done all of this is it likely that he will be given his residence card?

I have no proof that he is still married,no marriage cert or anything like that. However, on his turkish ID card it states that he is married.
During the time that the application has been with the home office his passport has expired, will this also have an affect?
How long does it take for the home office to return my documents after withdrawing sponsorship?

Again, any information is greatly appreciated. I really would like whatever is going to happen to him to happen asap.

Senin

Hard to advise someone who has mixed loyalties
/What exactly are looking for, you want his application approved or do you want him deported?

senin · Post by **senin** » Thu Nov 27, 2008 1:39 pm

Hi As I have said I hope he doesn't get the residence card application approved. But how long will it take the home office to look into this. I am hoping that as his application is already well over the 6 mth time period that it will be looked at sooner in light of the information tha i have given and the fact that i have withdrawn sponsorship. is this likely?

freon21 · Post by **freon21** » Thu Nov 27, 2008 6:23 pm

why are you so keen to get him deported?He is your daughters father after all which gives him some rights like it or not.
Ask the HO to return your docs urgently and let them do their job.If he is not entiteled to stay he will be removed but I doubt it as he is the parent of an EEA child residing in uk.
HE could apply fo a court order granting him acces to his kid and because of EU directive 2004 he could be given the right of stay ......
Get on with your life

republique · Post by **republique** » Thu Nov 27, 2008 7:00 pm

freon21 wrote:why are you so keen to get him deported?He is your daughters father after all which gives him some rights like it or not.
Ask the HO to return your docs urgently and let them do their job.If he is not entiteled to stay he will be removed but I doubt it as he is the parent of an EEA child residing in uk.
HE could apply fo a court order granting him acces to his kid and because of EU directive 2004 he could be given the right of stay ......
Get on with your life

Because he is a spouse abuser

Wanderer · Post by **Wanderer** » Thu Nov 27, 2008 7:05 pm

He sounds like a right waste of space...

Ben · Post by **Ben** » Thu Nov 27, 2008 7:06 pm

OP - are you an EEA national (but not a UK national) who is exercising Treaty rights in the UK? If not, you are not able to remain in the UK longer than three months - and neither are your family members.

If you are exercising a Treaty right, which I think you are since an application for a Residence Card has been submitted in the first place, is your ex-partner (your words) a family member described in Article 2(2) or Article 3(2) of the Directive?

Directive 2004/38/EC Article 2 wrote:2) "Family member" means:
(a) the spouse;
(b) the partner with whom the Union citizen has contracted a registered partnership, on the
basis of the legislation of a Member State, if the legislation of the host Member State
treats registered partnerships as equivalent to marriage and in accordance with the
conditions laid down in the relevant legislation of the host Member State;
(c) the direct descendants who are under the age of 21 or are dependants and those of the
spouse or partner as defined in point (b);
(d) the dependent direct relatives in the ascending line and those of the spouse or partner as
defined in point (b);

Directive 2004/38/EC Article 3 wrote:2. Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;

If not, I cannot see how the application can be successful.

senin · Post by **senin** » Thu Nov 27, 2008 10:31 pm

I have duel nationality, Irish/British.The application was made using my Irish nationality.

Benifa - Thanks for the information. I think according to this he is probably not likely to get the residence card. Also, in the part where it asks you to provide evidence of 2 years of cohabitation in the case of unmarried applicants - this was not provided. The only 'evidence' of any type of relationship was our daughter's birth cert with both our names.

Ben · Post by **Ben** » Thu Nov 27, 2008 10:59 pm

Also, for your safety and to close a possible loophole he may be able to exploit, you should cease co-habiting under one roof.

Post by **Frontier Mole** » Fri Nov 28, 2008 8:39 am

freon21 wrote:why are you so keen to get him deported?He is your daughters father after all which gives him some rights like it or not.
Ask the HO to return your docs urgently and let them do their job.If he is not entiteled to stay he will be removed but I doubt it as he is the parent of an EEA child residing in uk.
HE could apply fo a court order granting him acces to his kid and because of EU directive 2004 he could be given the right of stay ......
Get on with your life

He has no rights unless he can get the UK court to grant him an access order. Given his criminal record and use of deception he will struggle to prove he is of good character and will not easily get the access order. So he can and will be available to be removed from the UK.

Post by **Frontier Mole** » Fri Nov 28, 2008 8:41 am

I agree with Benifa on the issue of co-habiting. You should kick him out of the house and do it immediately. Things are only going to get worse not better the sooner you grasp that nettle the better.

senin · Post by **senin** » Sun Dec 07, 2008 10:56 am

Hi, I sent a letter to the home office on the 19 th of november and still have heard nothing from them. How long does it take for them to show that sponsorship has been withdrawn. I called them a few times and their files have not been updated to show this yet. Also, one day when I call they say that the information is with a case worker, the next day it is still awaiting consideration.
Driving me insane

thsths · Post by **thsths** » Sun Dec 07, 2008 1:11 pm

senin wrote:Hi, I sent a letter to the home office on the 19 th of november and still have heard nothing from them. How long does it take for them to show that sponsorship has been withdrawn.

I think you are expecting too much from the UKBA. First of all, you have a domestic situation here, and you should deal with that. To be precise: you have to stop living together. Since you have already mentioned that you are afraid of violence, you should mind your and your children safety. There is a lot of help available for (potential) victims of domestic violence, and you should absolute use that. If nothing else, you can go to the police and ask for advice, or contact http://www.ncdv.org.uk/ .

Immigration law is not the answer for you. I think he faces administrative removal, not deportation (same for Germany, I assume), and that can take a long time. Your partner has the right to appeal, and although it sounds like the appeal would fail, it may delay things a lot.

jude · Post by **jude** » Thu Dec 11, 2008 11:38 pm

We are here to help people help themselves not to make decion for people. Sending your daught father back to his home country is not good at all . She may ask you one day about her dad. Try to solve ur problem rathering than reporting himj to the HO.

bebe2 · Post by **bebe2** » Fri Dec 12, 2008 4:39 pm

good advise jude,
not everything requires a divorce, marraige is sacred especially wen you have children.

if you buy that houyse i will leave you.
you kissed another woman on your stag night five years ago am divorcing you
you are going bald am divorcing you

things like these dont only hurt the person intended , it hurts other people around that they love and that you love also e.g your daughter.
PLEASE THINK BEFORE YOU ACT.

ciaramc · Post by **ciaramc** » Sat Dec 13, 2008 4:56 pm

First of all you are all right we are here to help each other...but.....

BEBE2 - she did not say he is going bald she will divorce him....it seems that this man is dangerous...or at least his partner is afraid of him! So your right she doesn't have to involve immigration....she should seperate from him get a court order, move out and then he will have no right to be in the UK! Unless he can stay there on his own merits!!!

Yes your right marriage is sacred but you dont have stay together if you are no longer happy....especially not for the sake of children, they pick up on things....they know what is happening around them! If this father wants to stay and watch his daughter grow up....he has to prove this!!! Also he has to support her...and then prove to all that is the reason he wishes to stay in the UK

isceon · Post by **isceon** » Sat Dec 13, 2008 10:00 pm

Ok before posting better to read what has been said before.
1 The couple are not married.They applied as partners on a durable relationship2 Saying that the partner is a bad man we have only the op`s word on that and by the way she still live under the same roof as "the beast" lol
I would be worried myself living with a dangerous man.

ciaramc · Post by **ciaramc** » Sun Dec 14, 2008 7:58 am

Ok fine,

What I'm saying is .....when people no longer have a durable relationship....and the partner is here because exactly that he is a partner!! Well then he will have to leave unless he can stay on his own merits....which I seriously doubt!

I just don't like when people use this excuse, "No don't report him so he can stay" Why should he if he has no right 2??? Just because he married/had a child with a EU citizen let him stay??? That is why there are rules....if they have a long standing retionship of course he/she has the right to stay...in a country they have made there home!

Anyway will stop ranting!! We haven't heard from the OP in a while so we don't actually know whats happening!

senin · Post by **senin** » Sun Dec 14, 2008 11:10 am

Hi All thanks for your replies.

I am not married to him so yes he is here on the fact of having a durable relationship. This relationship has now finished. He no longers lives with me, i have a restraining order out against him. He will be allowed to see his daughter if and when he starts behaving like a proper father. My son is currently in counselling due to the mental abuse he has gone through because of this man. I really don't want the samething to happen to my daughter. He has threatened to beat her by saying things like, just wait untill you get a bit bigger then i am going to hit you across the month when you make a noise.

To those of you who have said i have no right to try and get him deported.if you read through my posts I have never once mentioned anything about getting him deported. However, I do not think he should have the right to stay here due to the fact that he lied on his application form about his criminal activity and being removed/ deported from another eu country.

It has been almost a month since I sent the letter to the home office stating these facts and to withdraw my sponsorship from his application. When I phone the HO I am still told that his application is 'under consideration'. They still have not updated their records as according to them I am still listed as his sponsor.

I totally understand that the HO is very busy with a lot of different demands, I just feel that if someone requests that their sponsorship be removed from an application this should be done as a matter of priority.

Senin

Immigrationboards.com: Immigration, work visa and work permit discussion board

withdrawing sponsorship from eea residence card

withdrawing sponsorship from eea residence card

hallo