PR using baunbast case!

[mobio]

I have already posted on this forum sometime ago, but finding difficult to link to the previous post. Anyway to cut a story short.

My cousin (women) married to a EAA for 5-6 years and then divorced was refused a Permanent Residency when she applied to confirm her PR status. According to HO her ex-husband was not exercising treaty right by the time she applied.

She then used another lawyer who submitted another application using the Baumbast Case. 5 months later, she was issued with a PR. Similarly for her children.

There are lessons that need to be learn here:

1. Although you are using a lawyer, make sure that they know what they're doing. It costs a lot to work with them

2. Do not just give your paper work to a solicitor and sit on your backside. Make sure you understand the rules and regulations they are using for your case.

Because the previous solicitor wasn't versed enough in the baumbast case and wanted instead to go for an appeal with additional costs. My cousin decided enough was enough and used another route.

This forum is very helpful and I hope it helps other people.

Just have another question:
She wants to get married in 3 months time-do you think that's ok as she just got her PR status. Her current lawyer says it is not an issue as she is divorced for about 2 years now and has been leaving with her current partner for about a year now.

Thanks.

[JA13I]

Thanks for your update. Here is your earlier post.

She wants to get married in 3 months time-do you think that's ok as she just got her PR status. Her current lawyer says it is not an issue as she is divorced for about 2 years now and has been leaving with her current partner for about a year now.

As to your question, once the PR is obtained, your cousin is free to marry whoever she wants. Her PR can only be lost by absence of more than 2 years from the UK or on the basis of public policy.

But why does she want to marry someone who she has been trying to leave for the past one year?

[Directive/2004/38/EC]

There are lessons that need to be learn here:

1. Although you are using a lawyer, make sure that they know what they're doing. It costs a lot to work with them

2. Do not just give your paper work to a solicitor and sit on your backside. Make sure you understand the rules and regulations they are using for your case.

150% agreed!

[mobio]

Hi JA13I

No, she has been living with a new partner in the past year. The ex-partner of 5 years is old news.

Also, what do you mean by 'on the basis of public policy'? Do you mean the vote of new regulation affecting PR holders?

Other questions:

Her first child got also a PR but the minor got 5 years. She wants to get them registered as British Citizens as they were born in the UK. Which form can she use with regard to her children born in the UK. Is it MN1?

[JA13I]

Ah, so you meant 'living' instead of 'leaving' in your original post.

Expelling on the basis of 'Public Policy' means that, in case your cousin turns out to be the next Jack the Ripper, they get dibs on which flight to send her back to her country of nationality on.

Re: the MN1 form, it's best asked in the 'British Citizenship' forum.

[Directive/2004/38/EC]

It is very rare that somebody is rejected on the basis of "public policy", "public security" or "public health". And they have to justify the refusal. And there is a whole appeals process.