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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ibi1975
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by ibi1975 » Wed Feb 08, 2012 1:50 pm
me and my eaa got married on 17 Nov 2007 , 5 years from that date will be 17 Nov 2012 which is in 9 months remaining
But
My resident card started on 22 Sept 2008 and will be expired on 22 Sept 2013
The 5 years counts from where we started to live together as husband and wife or from the dates of the RC?
If from when we started to live together as husband and wife then shall i file directly an Eaa4 application to Retain RoR with the child custody because in 9 months it will be 5 years? Or file first an Eaa2 to retain?
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John
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by John » Wed Feb 08, 2012 3:02 pm
You started to exercise Treaty Rights as a family member from the moment of the marriage. The Residence Card which was issued later was merely confirmatory of the rights you already possessed.
So the 5-year period started from the marriage date. That assumes of course that your spouse was exercising Treaty Rights in the UK at that time.
John
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ibi1975
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by ibi1975 » Wed Feb 08, 2012 3:20 pm
John wrote:You started to exercise Treaty Rights as a family member from the moment of the marriage. The Residence Card which was issued later was merely confirmatory of the rights you already possessed.
So the 5-year period started from the marriage date. That assumes of course that your spouse was exercising Treaty Rights in the UK at that time.
That is clear and thanks very much for the answer, my 5 years will expire on nov 2012, how soon can i file the Eaa4 to the home office? 3 months before?
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pinkpanter
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by pinkpanter » Thu Feb 09, 2012 9:31 am
You need to proof that your EEA wife has been exerciseing treaty right and you both living together in UK for 5 years. If you apply 3 months in advance then you are not completing 5 years and HO would return the application. I would advice you to apply by the date you have completed your 5 years of marriage (providing your EEA is exercising treaty rights).
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ibi1975
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by ibi1975 » Thu Feb 09, 2012 12:10 pm
pinkpanter wrote:You need to proof that your EEA wife has been exerciseing treaty right and you both living together in UK for 5 years. If you apply 3 months in advance then you are not completing 5 years and HO would return the application. I would advice you to apply by the date you have completed your 5 years of marriage (providing your EEA is exercising treaty rights).
Please answer right or just shut up!
I have already mentioned that i am applying to retain RoR with child custody. In this case i dont need to show any of treaty rights of my ex.
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Jambo
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by Jambo » Thu Feb 09, 2012 12:20 pm
You won't get a lot of help if you continue with this attitude.
Although the response about RoR is not applicable in your case, the general answer about the timing was correct.
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ibi1975
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by ibi1975 » Thu Feb 09, 2012 1:03 pm
Jambo wrote:You won't get a lot of help if you continue with this attitude.
Although the response about RoR is not applicable in your case, the general answer about the timing was correct.
Unfortunetly, i have noticed many like u and others pretending to be experts but answer stupid.
Not nice at all to misslead people with wrong answers.
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ibi1975
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by ibi1975 » Thu Feb 09, 2012 1:17 pm
Jambo wrote:You won't get a lot of help if you continue with this attitude.
Although the response about RoR is not applicable in your case, the general answer about the timing was correct.
It is applicable indeed u stupid talk to, u have no idea about my facing case!!!!! I cant believe how stupid u answer, ur mule should to be kicked hard out from this forum!!!!!!
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Greenie
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by Greenie » Thu Feb 09, 2012 1:34 pm
mods - this user is offensive - please can he be warned about his language and attitude.
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Obie
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by Obie » Thu Feb 09, 2012 1:59 pm
This warning applies here also. We are very patient people on this forum. We really dont like our patience to be taken advantange of.
Smooth seas do not make skilful sailors