Am I still allowed in uk and can I apply PR?

[maria_zhang]

Hi everyone,

I would like to say thank you to whoever can advise me on my situation.

I came to UK in 2000 via student visa, till July 2004 I got married to a dutch nationality. My nationality is chinese. I got the right to remain in the UK stamp on my passport in June 2005 and it's valid to 2010 for 5 years as EEA family permit. But the thing is me and my (ex)husband were separated since Feb 2007, but I got advised back then that even we were separated I was still allowed to remain in UK as separation is still including in marriage. But now we decided to go through divorce, and it should take 6 months max. I want to know if I will be still allowed to remain in uk once we are divorced?

If I am allowed to remain in uk, can I apply PR next year 2009 or I have to wait for one more year?

Many thanks for your advise, much appreciated.

Maria


Thank you for giving advise.

[Casa]

Has your husband been working throughout his time here, and does he have payslips etc to confirm this?

[maria_zhang]

Has your husband been working throughout his time here, and does he have payslips etc to confirm this?

Yes, he has grown up here and has been working since he was 19 or 20 years old. He should have pay slip to approve it. But since we are separated, I don't think he will show me any of his payslip and help me to apply for anything.

[Casa]

Unfortunately, I believe you'll need these payslips for your application.

[maria_zhang]

Unfortunately, I believe you'll need these payslips for your application.

I have all my payslips, is it not enough?

[Casa]

The HO will want to see your husband's as he's the one who has to have been 'exercising his treaty rights'...in this case by working in the UK.

[maria_zhang]

The HO will want to see your husband's as he's the one who has to have been 'exercising his treaty rights'...in this case by working in the UK.

Will I still be able to stay in UK once we are divorced?

[Casa]

I believe so, but wait for confirmation from other members on this.

[maria_zhang]

I believe so, but wait for confirmation from other members on this.

Thank you, yeah, I will wait and see what others say. many thanks tho.

[UKBAbble]

Provided you did not initiate divorce proceedings within 3 years of the date of the marriage you will retain your right of residence.

[Mary1]

Hi,, please see

http://www.immigrationboards.com/viewto ... light=eea4

http://www.immigrationboards.com/viewto ... highlight=

I think its most important that your sponsor provide you with some form of evidence especially in light of link 1.....that he was and still is in the uk and has been exercising treaty rights throughout

....Remember you can only lose this right if the divorce has not taken place and the sponsor leaves the country and this will in its self lead to a slightly complex senario.

Please also read the Bia website on how you can retain your right. it clearly states

A person satisfies the conditions in this paragraph if—

(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;

(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.

This is of course my own interpretation as i am in the same boat. Others may disagree with me



Mary
_________________

[maria_zhang]

Hi,, please see

http://www.immigrationboards.com/viewto ... light=eea4

http://www.immigrationboards.com/viewto ... highlight=

I think its most important that your sponsor provide you with some form of evidence especially in light of link 1.....that he was and still is in the uk and has been exercising treaty rights throughout

....Remember you can only lose this right if the divorce has not taken place and the sponsor leaves the country and this will in its self lead to a slightly complex senario.

Please also read the Bia website on how you can retain your right. it clearly states

A person satisfies the conditions in this paragraph if—

(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;

(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.

This is of course my own interpretation as i am in the same boat. Others may disagree with me



Mary
_________________

Hi Mary,
Thanks for showing the links to me. I guess I have to start to collect those proofs from my ex which I am not sure how yet. The marriage didn't end well and he certainly hates me so I highly in doubt he will help me on this.

But after divorce, do we have to send the letter to HO to inform them or we can just wait till the resident card expired? Mine is expires in 2010.

Many thanks
Maria

[UKBAbble]

No neer for all that, as i said you're covered.

[maria_zhang]

No neer for all that, as i said you're covered.

But I might get to ask on the trip back to enter UK, is it true?

[UKBAbble]

You can be asked, but friom what you've said you can't be denied entry.

[maria_zhang]

What would happen if I don't apply PR by the time my Resedient Card has expired? Do I still get the PR automaticly after 5 years without the stamp on my passport?

Also if I am pregant with my british bf's baby, is the baby chinese or british? What would be my position for immigration for stying in the UK with my baby and father?

Thank you!

[maria_zhang]

Hi,, please see

http://www.immigrationboards.com/viewto ... light=eea4

http://www.immigrationboards.com/viewto ... highlight=

I think its most important that your sponsor provide you with some form of evidence especially in light of link 1.....that he was and still is in the uk and has been exercising treaty rights throughout

....Remember you can only lose this right if the divorce has not taken place and the sponsor leaves the country and this will in its self lead to a slightly complex senario.

Please also read the Bia website on how you can retain your right. it clearly states

A person satisfies the conditions in this paragraph if—

(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;

(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination.

This is of course my own interpretation as i am in the same boat. Others may disagree with me



Mary
_________________

Bad news, my ex refused to provide any pay slips to help me at all, what can I do? My permit card expires next year, I am starting to get worried. Any advise please?

[pencillin]

Can't you switch into some other visa?
Do you earn enough to be eligible for Tier1 visa?
If you arrange to switch into any other visa and stay until 2010 you may be able to get indefinite leave to remain based on 10 years legal stay. (if they don't change the rules by then).

Good luck.

[Mary1]

Hi maria_zhang

Sorry to hear your ex will not provide you with the payslips. Remember you still have your RC until next year and as long as he is still in the country exercising his treaty rights your still ok. There is no requiremet for you at the moment to advice the Bia of your change of circumstances(Although you will later) so you still have time to try and convience your ex . To be honest Maria you do need the said documents. If you have read my post you will find i was granted my RC in January 09 with ALL DOCUMENTS enclosed and although i hit my PR in november 2008 i was given a 5 year RC having retained the right to do so on my own merrits.

My understanding is if you have held a RC before, once you tell the BIA you will be applying to retain your rights on your own merrits RC again before the PR stamp can be endorsed(although you may have aquired it automatically by the time you apply)

Please read the following posts i have enclosed of posters in the same boat as yourself and the different reasons their applications were rejected in January 09.

I really wish you the best.

Mary



By iseon........................................................................hi everybody
I am going to scream
my PR as a non EEA Ex family member who retains right of residence following divorce has been refused with no right of appeal after 13 months of wait


2000 married EEA member
2001 issued 5 years residence card
2005 petitioned divorce
2006 decree nisi and decree absolute granted
2007 applied EEA4 (retention of residence following divorce )with all required docs
8 months later HO request spouses EU passport and proof of employment at time of divorce What is going on?
Ex would never hand her passport or anything.
I worked and paid taxes for the last 8 years my ex-spouse as well until we divorced .

I managed to get a letter of employement from my ex but not her passport impossible.
I notified the HO about it and told them that my ex would not hand her passport after all we are divorced.
6 month later today (13 month in total) I received the refusal with no right of appeal on the ground that I have not suplied ID of the EEA national as required.
They considered my application as an Non EEA family member of an EEA and not of a non EEA who is retaining right following divorce.
I cannot believe how incompetent my caseworker is.
I sent the EEA4 form without filling section 3 relating to the EEA family member(as I am not anymore one),I joined a cover letter explaining that I was divorced and fulfill all the conditions for the retention of residence following divorce (included decree absolute 2006) I suplied proof that she was working at the time of divorce.I included a print of the 2006 EEA regulation(article 10 retention of residence following divorce)
After all those detailled explanations my caseworker managed to consider my application as a family member of an EEA under article 15 of the EEA 2006.
I really don't get it.I have been married for 6 years but I divorced why are they doing this to me?
What should I do?contact solvit?try a JR?reapply and wait 13 more month?


>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>
By Swan Hi all
me and my partner are very stressed and would appreciate any help

He was on a family dependent visa of an EEA national then got divorced after 4 years, he informed the home office of his divorce hoping to retain his residence according to rule 10 of EU regulation of retaining the right of residence. after 3 months they asked for information about his ex wife and what she was doing at the time of the divorce proceeding. He was unable to provide anything because she simply refused to cooperate, so he did inform them about that. They then sent a letter (received this week) saying they are not satisfied and that his residence has been revoked and that he could appeal.

meanwhile, naively thinking that he retianed his residence, I applied for a COA to marry him (I am not an EEA, but on workpermit and soon will be settled under 10 yr ILR), after almost 4 months, the COA people asked for more documents + affidavits + they asked for him to apply for a COA in his own merit (because they were told that his residence was stopped). We sent everything today and we are now waiting, we are also going to appeal for his retain of right of residence on the other side

Now our question is:
If we get COA can we marry even if his residence card (was due to expire in july 09) has been revoked?
Is he considered an overstayer now ? (the COA peoploe have both our passports)

any help or advice would be appreciated
thanks