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If u were married for three years one in UK u are safe.maria_zhang wrote:I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?
Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?
Any advise would be grateful as I am so so confused right now!!
That is what I thought, cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing. So confusing :SWanderer wrote:If u were married for three years one in UK u are safe.maria_zhang wrote:I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?
Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?
Any advise would be grateful as I am so so confused right now!!
PR will be after 5 years as far as I know.
P.S. Just rang the solicitor again, she told me that once the divorce is done, I need to go back to china asap, otherwise UK homeoffice will might refuse for my future application, is it really that serious? Could anyone help please???maria_zhang wrote:I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?
Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?
Any advise would be grateful as I am so so confused right now!!
Time to change your 'solicitor'?maria_zhang wrote:P.S. Just rang the solicitor again, she told me that once the divorce is done, I need to go back to china asap, otherwise UK homeoffice will might refuse for my future application, is it really that serious? Could anyone help please???maria_zhang wrote:I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?
Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?
Any advise would be grateful as I am so so confused right now!!
Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.and EU don't like to change the visa to UK visa, or the other way around. Is this correct?
Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.
From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!
From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.
... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!I am so so confused right now
Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing
Hi, I feel so ashamed after what you said, and I promise I will give a good reading during this weekend and get back to you if I found any question, also give more detail with what I have got so far for my situation. Also I am really appericated with your reply and thanks very much for your time.JA13I wrote:maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.
Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.and EU don't like to change the visa to UK visa, or the other way around. Is this correct?
Have a read of Chapter 5 of this a couple of times and once you are finished, read it a couple of times more! Pay special attention to 5.2 of that document.
Then read this and 6.2 of that. Then after that start compiling the evidence that you require for applying for the PR as per as the advice I had given 2 years ago.
Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.
From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!
From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.
Also, do you have any chance of getting that payslips to prove that your Dutch Husband was exercising treaty rights when you got divorced last month? This currently is your biggest concern!
... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!I am so so confused right now
Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing
Hi JA131,JA13I wrote:maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.
Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.and EU don't like to change the visa to UK visa, or the other way around. Is this correct?
Have a read of Chapter 5 of this a couple of times and once you are finished, read it a couple of times more! Pay special attention to 5.2 of that document.
Then read this and 6.2 of that. Then after that start compiling the evidence that you require for applying for the PR as per as the advice I had given 2 years ago.
Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.
From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!
From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.
Also, do you have any chance of getting that payslips to prove that your Dutch Husband was exercising treaty rights when you got divorced last month? This currently is your biggest concern!
... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!I am so so confused right now
Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing
Yes. I have got my divorce certificate. Me and my fiance are not sure when to get married yet. But we wonder if we can actually get married before the baby is born and before I apply for my PR. I am not sure if the registering office would let me to get married if they don't know about my right.parvus1202 wrote:You are divorced and you are pregnant with your fiance? A new man in your life I suppose. So since he is your fiance, when are you getting married, again? When your baby is born and recognized by the daddy, then the baby is British. You cannot be separated from your baby.
Hi Jabi, I have pm you with my reply and I hope you can receive it, because it's still in my outbox for some reason. Let me know if you can't see any, and I will resend again.JA13I wrote:Many apologies for the late reply, maria_zhang. Have been very tied up the past few weeks and was not able to look into your case inspite of the various 'pm's you had send to both- this id as well as my 'Docterror' one .
Looking back to your notes, let me summarise your case so that I can formulate your different options:-
1.You married in June 2004 during which time your EEA partner was exercising his EEA rights as a worker, but you do not have any evidence of him working during this time.
2. You obtained the right to remain in the UK June 2005 almost an year after you and your EEA family member have been exercising treaty rights and it's valid to June 2010. During this year, you did not work or study and have been entirely dependant on him.
3. You started working at June 2005 and have been working ever since.
4. You got divorced from the EEA family member in July 2009, but you do not have proof of his exercising treaty rights at the time of divorce apart from a page in your divorce paper which shows his income at the right moment when you signed the document.
5. You are currently expecting with a British citizen whom you intend to marry in the near future, preferably before your expected delivery date in December.
The pros:-
1. You have been married for 5 years and more than an year of that has been in the UK. This gives you automatic right of PR from July 2009.
2. You have been working for a long time and have been doing so during and since your divorce.
The cons:-
1. You do not have proof of your partner exercising the treaty right during the period of June 2004- July 2005
2. You do not have proof of your partner exercising the treay right during the time of your divorce.
Your options to proceed:-
1. I do not completely comprehend you insistence that you want to wait till 2010 to apply for your PR. The time to apply for your PR is NOW! You have already been exercising treaty rights for the required 5 years since July 2009 and I strongly suggest that you make the application as soon as you can!
For the proof of your partner exercising the treaty right from June 2004 to July 2005, pls see if you can get a letter form his employer or a summary of the taxes paid by him during this period from the HMRC.
2.If you do want to get married with your current British partner, you do not need CoA acording to the theory bit. But if you do get married and do get switched to the UK national route, you will have the following problems. First, You will have to leave UK and make the application for your Spouse visa from your home country, which in this case is China. Switching to a UK Spouse visa from the EEA family member route is not posible as far as I am aware. Others are free to comment. The second problem you will face is the changes that will be brought into effect once the current nationality bill gets passed and becmoes a law. I am sure you know of all the repercussions of that bill from the multipaged debate that still rages on in this site.
My suggestion remains the same- Apply for the PR NOW! Keep the UK route only as a back up as your case is a pretty strong one and you should be able to sort it out without having to resort to it.
I will be back in the UK on the 25th and I will 'pm' you my contact details so that I will be able to provide further prompt assistance.
Once again, I apologise for the delay in my response, but be sure to act very quickly from here onwards!
You can apply for spouse visa inside uk on artcile8.maria_zhang wrote:After 4 months appication for my PR, it has been rejected, the main reason is that I couldn't prove my ex has been working in the UK to exercise his treaty rights, but I know he has and still is. But since we were separated we never got contact with each other, he hates me still very much and there's no way that he would help me on this at all. Now I have 10 days for appeal and I really don't know how I should start my appeal from.
Also my situation has been changed, I am married to a british citizen and have a 12 weeks old baby with him, should I inform UK border agency about this and use it as a reason to get my remain in the UK?
Any advise would be great, just really need a guide to point out the way I should go.
many thanks
It will take forever to gain spouse visa this waysky_blue wrote:You can apply for spouse visa inside uk on artcile8.maria_zhang wrote:After 4 months appication for my PR, it has been rejected, the main reason is that I couldn't prove my ex has been working in the UK to exercise his treaty rights, but I know he has and still is. But since we were separated we never got contact with each other, he hates me still very much and there's no way that he would help me on this at all. Now I have 10 days for appeal and I really don't know how I should start my appeal from.
Also my situation has been changed, I am married to a british citizen and have a 12 weeks old baby with him, should I inform UK border agency about this and use it as a reason to get my remain in the UK?
Any advise would be great, just really need a guide to point out the way I should go.
many thanks
You need professional assistant for this type of application.