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Can I apply for permanent residence now?

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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muslimgal
Newly Registered
Posts: 9
Joined: Wed Dec 21, 2011 4:41 pm

Can I apply for permanent residence now?

Post by muslimgal » Wed Dec 21, 2011 4:55 pm

Hello,

I have recently separated from my EEA partner.

We met in Jan 2006 and we have being living together since. We had an Islamic marriage back then. We have 2 kids oldest being 4.5years old.

We had applied for COA to get married and after almost a year, we received it in Jan 2010 and we did the civil marriage in feb 2010.

We separated in July 2011 as he got a new partner (married islamically) to her and lives with her.

I can prove that me and him have being living together from Mar 2006 in a durable relationship upto our separation. Hes willing to help me with whatever I need. Hes being working in the UK since Jan 2005, would it help if we submit an EEA 3 and EEA 4 together? Hes willing to help as I said.

Thank you!
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muslimgal
Newly Registered
Posts: 9
Joined: Wed Dec 21, 2011 4:41 pm

Post by muslimgal » Wed Dec 21, 2011 5:02 pm

I forgot to add, I have a residence card issued in July 2010. Valid until July 2015.

Do I now have to let the home office know we are no longer together. Is my residence card still valid?

Can I claim income support or Job seekers allowance in the mean time with this as im a lone parent?
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Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Wed Dec 21, 2011 5:14 pm

What are yoru and your husband's nationalities?

You are still entitled to reside in the UK as your husband's "family member" for as long as you are legally married to him. This means until your civil marriage is legally dissolved.

The Regulations do not allow you to "backdate" your qualifying period for PR to include time you spent living together before your legal marriage. You will probably see frmo the forum that there are a few people who say they have obtained PR on this basis, but I would not want to rely on it myself.

If your husband does not divorce you, and he continues living and exercising treaty rights in the UK, then you would qualify for PR on the 5th anniversary of your civil wedding. Bear in mind this will mean that he will need to stay in touch with you for the next 4 years, and keep you updated about what he is doing!

Alternatively, if you get divorced then you will need a custody arrangement that states that contact with your children must take place in the UK. This should allow you to retain a right of residence in the UK. however, I recommend you take legal advice on the requirements for this route as it can be tricky.
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muslimgal
Newly Registered
Posts: 9
Joined: Wed Dec 21, 2011 4:41 pm

Post by muslimgal » Wed Dec 21, 2011 5:26 pm

Thank you kitty.

Hes Portuguese and im Nigerian.

He has no intention of starting the civil divorce proceedings as of now.

I would need to keep in touch with him 3 years as of Feb 2012 then. hmmm im not sure I can do that.

I hope there is another way.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Dec 23, 2011 11:07 am

Are the children British or Portuguese?
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muslimgal
Newly Registered
Posts: 9
Joined: Wed Dec 21, 2011 4:41 pm

Post by muslimgal » Thu Dec 29, 2011 12:08 pm

Hey thanks,

They are Portuguese.
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EEAslough
Newly Registered
Posts: 16
Joined: Fri Dec 17, 2010 2:55 pm
Location: LONDON

Post by EEAslough » Thu Dec 29, 2011 2:34 pm

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

Post by Obie » Thu Dec 29, 2011 2:44 pm

You could share the advice here as i am sure it may be of help to others in future.

The law states that right of residence for dutable partners cannot be accured, however if you think it can, then do share with us, and the circumstance in which it can.
Smooth seas do not make skilful sailors
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EEAslough
Newly Registered
Posts: 16
Joined: Fri Dec 17, 2010 2:55 pm
Location: LONDON

Hi obie

Post by EEAslough » Thu Dec 29, 2011 11:51 pm

I wish to contribute and share with everyone but permit me to say you guys are doing a wonderful job and I do visit every now and then to see if anyone need help with intricate cases.
One thing have learnt is that there are still complex cases to come and the laws are not in place to sort them out.

The UKBA are also learning.
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Hi obie

Post by Directive/2004/38/EC » Fri Dec 30, 2011 6:44 am

EEAslough wrote:The UKBA are also learning.
5 steps forward, 3 steps back... My glass is 5/3 full!
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scorpio1
Member
Posts: 132
Joined: Fri Nov 11, 2011 9:02 pm

Post by scorpio1 » Fri Dec 30, 2011 9:05 am

I wish to contribute and share with everyone but permit me to say you guys are doing a wonderful job and I do visit every now and then to see if anyone need help with intricate cases.
This is open forum for discussion so please discuss here and share with everyone, might be your help not only one but many others too.

we are sharing and discussing here as by law we can't give 'immigartion advice' until we registred with authority.

Thanks
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muslimgal
Newly Registered
Posts: 9
Joined: Wed Dec 21, 2011 4:41 pm

Post by muslimgal » Fri Dec 30, 2011 11:10 am

Thank you everyone.

I want to know as we are not living together therefore no letters at the same address, in 2015 when I need to make claim for PR.... Will I need to prove that me and him have being living together all this time? So I can carry on living as we are now and im not doing anything wrong right? Thanks....
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EEAslough
Newly Registered
Posts: 16
Joined: Fri Dec 17, 2010 2:55 pm
Location: LONDON

according to UKBA, you will

Post by EEAslough » Fri Dec 30, 2011 6:39 pm

According to UKBA, you will be asked to provide them(letters) but the law says you dont have to. Like I said to you before your PR will be throu your kids. you will be best advice to stay on the right side of the law and enjoy the present leave you have till then.
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