- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
hey irakroirakro97 wrote:Hey Kapil
Check out the doc below may be it would help
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF
hiirakro97 wrote:Kapil
one of the requirement is that she has to be a qualified person.
In the document i sent you you will see the requirements to be a qualified person, i mean for an EEA national to be a qualified person
cheers
Hi allenbooallenboo wrote:
5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership
Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker, selfemployed,
or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.
pls swan can u post the link where one can see these rules[/img][/code]
Swan wrote:Hi allenbooallenboo wrote:
5.2 Retention of a right of residence following divorce or annulment of marriage /
dissolution of civil partnership
Regulation 10(5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the UK for at least one year during the
duration of the marriage or civil partnership, then the third country national retains a
right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person – including a retired person;
(c) they are the family member of a person in the UK who is either a worker, selfemployed,
or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.
pls swan can u post the link where one can see these rules[/img][/code]
i believe it's this one, click on chapter 5: residence card and look at point 5.10
http://www.ukba.homeoffice.gov.uk/?page ... %20divorce
if the link doesn't work, just type in EEA DIVORCE in the keyword search of the UKBA website (looking for a form) make sure you choose all content
Hi Irakro, no news yetirakro97 wrote: Hi Swan
have heard anything on your appeal
thanks
irakro97
thanx isceon for ur reply but im in bit differt situation my wife never worked which is one of the reason we r going through divorce.so do u think imy case is going no whre as if HO require her employment details i wont b able to give any.isceon wrote:In order to retain right of residence in the UK following divorce from an EEA citizen who was exercising treaty right in the UK,the HO requires (rightly or wrongly) from the Non EEA national to provide evidence of exercise of treaty right by the EEA citizen (ex spouse) at the time of divorce is finalised.They ask to see employment letter or any other form of evidence (pay slips,bank statement...certificate of scolarity etc...
from decree nisi to decree absolute.
In the United Kingdom the divorce takes place in two stages.
Petition is filed (proceedings ) then the judge check it and a decree nisi is prununced if all the legal conditions have been met.
After 6 weeks from that day if nobody is against it(the spouses could withdraw the divorce petition) the court prununce the decree absolute at that date and only then the divorce is Final and the EX spouses are free to remarry if they wish not before.
If the divorce has taken place abroad and is Final the HO will ask probably to see the evidence of treaty right at the date of the divorce .In my opinion if the EEA file for divorce from abroad this will prove that he or she is not residing in the UK any longer and it is bad news for the non EEA.
hi irakro and everyone,irakro97 wrote:
Hi Swan
have heard anything on your appeal
thanks
irakro97
Swan wrote:hi irakro and everyone,irakro97 wrote:
Hi Swan
have heard anything on your appeal
thanks
irakro97
just in case you want an update on my case, click on the link where i posted it..
http://www.immigrationboards.com/viewtopic.php?t=38252
thanks Irakroirakro97 wrote:Hi Swan
I believe nothing should stop your husband having multiple application in the home office. I think as long as he is allowed to switch category that should not be a problem.
in the line on the requested information by the HO that i think you've provided it seems that he s got a lot chances on his current application .
are you awaiting to hear on his appeal hearing ?
what AIT ?
Swan wrote:hi irakro and everyone,irakro97 wrote:
Hi Swan
have heard anything on your appeal
thanks
irakro97
just in case you want an update on my case, click on the link where i posted it..
http://www.immigrationboards.com/viewtopic.php?t=38252
What is this got to do with Retention of residence following divorce??datuchi wrote:guys, just a quick idea here.
I don't know about you, but some countries allow up to 2 valid passports to be issued at the same time.
My RC expires October 2012, but it'll be 5 years from the marriage/exercising treaty rights in March, so I can apply for the CONFIRMATION OF MY RIGHTS in the shape of a PR from March 2012. If the Directive 2004/38 is followed in the future as to the time guidelines (6 months etc.), then I should be fine as between the application and the expiry of my RC.
However, having checked the current times for processing the PR applications http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/
it seems to take AGES from the time you apply. That effectively makes you a bloody prisoner in the country, since your RC will have expired while they are still considering your case etc.
I am personally hoping to do the following:
Apply for another EEA2 card in my NEW SECOND passport, (if your country doesn't allow 2 passports, then ANNUL your current one, which will still be valid accompanied by your new one if you wish to enter the UK!!!) and have a Residence Card valid for ANOTHER 5 years!!!
Later, in 2012, when I've applied for the PR (hopefully I'm still alive then, with all the crazy shit going on in the world), I will RECALL my passport back for 'URGENT' travelling reasons (which as you remember still has 2 years left on it. 2009-2014)
This way, you get your passport to go wherever you want while still being in the 'queue'!!!
Please correct me if this approach doesn't make sense!!! As I'm intending to do this as soon as I get the 2nd passport.
If you still have questions, just imagine a situation where you LOSE your passport. You then would need to apply AGAIN via EEA2 form anyway, and you don't get a concession as already having a Card in the past. You are making a NEW application??? Is that not ridiculous? I think it is! Another wait of up to a year!
Transfer of residence card or stamp
If you are issued with a new passport and want your residence card or family member residence stamp transferred you will need to make a new application. You should complete the appropriate application form and provide the required supporting documents.