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Please Help.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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look
Newly Registered
Posts: 7
Joined: Mon Jun 07, 2010 11:03 pm
Location: london

Please Help.

Post by look » Wed Jun 09, 2010 5:04 pm

Hello all,
My first application for ILR was refused because I could not proof that my ex eea wife lived with me for one year before divoiced, but I have being in relationship with another eea national and we now have a child, we are also married.Now I am makeing a new application and do not know which form to use. Please if there is any one who has being in this situation or have any advise, please shear it with us.
Thank in advance.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Jun 09, 2010 5:18 pm

Please See Applying Under European law


Use Form EEA2 and provide all the required documentation
Smooth seas do not make skilful sailors

look
Newly Registered
Posts: 7
Joined: Mon Jun 07, 2010 11:03 pm
Location: london

Post by look » Wed Jun 09, 2010 5:22 pm

Thanks, but I was thinking i could apply for ILR since i have lived here for 6 years.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Wed Jun 09, 2010 6:08 pm

look wrote:Thanks, but I was thinking i could apply for ILR since i have lived here for 6 years.
Not possible, there is 10 year legal stay, not sure if time under EEA rules counts for that tho - or 14 years any stay rule.
An chéad stad eile Stáisiún Uí Chonghaile....

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Jun 09, 2010 7:03 pm

If you had managed to retain your right of residence after divorce, then all your time in UK including the time you were married to your previous spouse will count, but because you were not able to provide evidence of the fact that you retained your right of residence after divorce, the clock will start ticking after your marriage breakdown. In actual fact, you could have faced removal, at the time, when the UKBA found out you don't qualify for retention of right of Residence.

You will now have to wait for 5 years or the time your relationship start with the new EEA national resident in the UK, before you can apply for Permanent Residence.
Smooth seas do not make skilful sailors

look
Newly Registered
Posts: 7
Joined: Mon Jun 07, 2010 11:03 pm
Location: london

Appeal allowed.

Post by look » Sat Jul 31, 2010 11:39 pm

My appeal for PR in united kingdom was allowed by the first-tier tribunal. decision was received on the 15/07/10. Before I received the decision I already made a new application under eea2 with the mother of my child who is an eea national. My question is should I write to the ukba to withdraw the eea2 application, and how long will it take this time for my passport to be stamp? Thanks in advance. and thank you to every one who advised me before on what to do like Obie and wanderer. :lol: :lol:
[/list] My first application for PR was refused because I couldn't prove I lived together with my ex wife here in uk for one year.

Mary1
Junior Member
Posts: 76
Joined: Mon Oct 27, 2008 9:24 pm

Hi Look

Post by Mary1 » Sun Aug 01, 2010 11:52 am

My appeal for PR in united kingdom was allowed: Congratulations sense has prevailed once again.

My question is should I write to the ukba to withdraw the eea2 application,: Seems logical as this is what you wanted in the first place

how long will it take this time for my passport to be stamp: I think when you write to inform the of the appeal decision they will issue your Pr then. I would also assume the courts gave the HO direction how to complete your case?

Mary

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