Help and Advice retaining rights of residence

[EEAslough]

Hi All,

I applied for retaining rights of residence on the basis that my EEA wife has left UK with my first son.The case worker send me a letter saying I have applied basis of termination of Marriage.This is not correct because I applied base on departure from uk as I am not divorce. He went on to quote regulation 10(5) and then said since I wasnt divorce I will not be able provide required supporting documentation.

I feel he didnt read my application well and he advice I withdraw my application because I still have a valid permit till 10 sept 2012 and he threatened that if I continue it will fall for refusal.He concluded that i should apply next yr when my current permit expire.My marriage to my wife will be five yrs this december.

What do you think?



6. Retaining a Right of Residence
6.1 Those retaining a right of residence following divorce or annulment of marriage / dissolution of Civil Partnership
6.2 The continuing right of residence if the EEA national dies or leaves the UK (spouse and children)

[86ti]

Why do you believe you can retain EEA rights when the EEA spouse has left the UK for good? The validity of a residence card (not permit) is still subject to the EEA being resident and exercising treaty rights.

[86ti]

So you are an EEA national yourself?

[Jambo]

6.2 The continuing right of residence if the EEA national dies or leaves the UK (spouse and children)

This is relevant if:
a) EEA national has exercising treaty right for more than 5 years before departing
b) If a child is still in the UK

Is this your case?

[Obie]

EEASLOUGH i have to say, you should count ypurself fortunate that the caseworker did not proceed to revoke you residence card on grounds of loss of entitlement. I agree with the casework that you fall entirely out of the scope of Regulation 10(5). I implore you to seek professional advice before pursuing these types of application in future, as you could provide incrimination evidence against youself for any future refusal or revocation action they may want to pursue

[EEAslough]

Hi All,

Got all my doc back but missing my forms and covering letter. Does anyone know If I can get those back.I need it

[dotsystem]

Hi All,

Got all my doc back but missing my forms and covering letter. Does anyone know If I can get those back.I need it

The Application form is originally addressed to them, you can not get that back. Unless you wrote the letter in form of to whom it may concern, if you addressed that to them too, you can not get it back.

If you dont have copies of these, you need to document whatever you can remember now and put it in consideration for your next application bcos they may have it in your file, unless your case worker is your angel. Anyways you lucky mate.

[nonspecifics]

When did your wife leave the UK?

If it was less than six months ago, maybe the caseworker is giving your wife the benefit of the doubt that she might return, so waiting till six months have passed, so he can be sure your wife has broken her continuity of residence.

What is your nationality?

You said your first son, are you looking after a child in the UK? You did not answer that either.

If you are looking after a child/children that could make a big difference to your right to legally stay in the UK.

[EEAslough]

Hi,

Thanks all,I still have the copies of the letters on my system and I will check the garage for copies of the forms.Yea I do have a second son (British) with me here.I have also received a favourable response from the European commission.
I doubt she will come back,she hates the UK weather and prefer the spanish lifestyle.

Thanks everyone.

[nonspecifics]

If your son is still in education in the UK or still a child then that would probably make a big difference.

What age is he?

Maybe then it would be 2006 Regulations 10(4) that applied.


2006 Regulations

“Family member who has retained the right of residenceâ€