FLR O EX1 application with Residence Card

[mam2]

Pls could someone advice if I can apply for flro ex1 based on my British child while still having 5yr residence card,(half way through).
Will applying for the flro cancel my RC?
My spouse and I are no longer and I cannot do anything about my RC after expiry,that's reason why I'm going the flro route. Any advice will be appreciated. Thanks.[/i]

[Obie]

How long were you married to your spouse, and is he the father of your child?

Does he have any parental rights or access to the child?

[mam2]

Thanks for quick response. We are still married ,3.5 yrs now but currently separated. He is not the father of my child. He is now not exercising treaty rights in any form and now wants to leave the country.He has parental rights as step father but has never assumed so.

[Obie]

You may be able to secure Retention of Residence on his basis, rather than going through the FLR (EXP 1) route.

Except of course, you are not in employment.

The conditions on FLR(O)(EXP 1) is very restrictive.

[mam2]

I'm in employment since 2010. But we are not divorced and he doesn't want a divorce so how would I be able to retain my rights. He stopped work in 2011 and since then had not been in any proper employment on records. He works somehow but not on any records so basically, I'm left to fend for myself.

[Obie]

Well, if the marriage has irretrievably broken down, and he is unwilling to cooperate with the divorce, you can by all means take the initiative.

[mam2]

Thanks Obie,
Did you mean the conditions to satisfy before being granted or after been granted that is restrictive?
Can one have flro and RC at the same time? Will RC be cancelled when flro is applied?
Thanks

[GodGives]

Thanks Obie,
Did you mean the conditions to satisfy before being granted or after been granted that is restrictive?
Can one have flro and RC at the same time? Will RC be cancelled when flro is applied?
Thanks

If successful the visa you had previously would be cancelled. If not sucessful and a decision is made before the current one expires then they won't revoke it.

[mam2]

I see. Even as RC is not under immigration rules, will it still be cancelled when successful with flro? I thought it was done when applying for visa/leave to remain under same category i.e immigration rules or European rules, then New visa cancels previous one. Anyone with such an experience?

[GodGives]

I see. Even as RC is not under immigration rules, will it still be cancelled when successful with flro? I thought it was done when applying for visa/leave to remain under same category i.e immigration rules or European rules, then New visa cancels previous one. Anyone with such an experience?

I don't understand why you are applying for flro and not ilr. You should qualify for ilr after 5yrs on residence permit. Are u not in full time employment?

[Obie]

I see. Even as RC is not under immigration rules, will it still be cancelled when successful with flro? I thought it was done when applying for visa/leave to remain under same category i.e immigration rules or European rules, then New visa cancels previous one. Anyone with such an experience?

The HO will automatically realise that you are not a family member of a Qualified EEA national, and they may revoke your RC as a result of the application.

Your best bet may be divorce and try retention route.

With the FLR you will be restricted from public funds, and may not be able to qualify for ILR for 10 years.

[mam2]

Thank you all for your advice. I was considering the flro because I felt by the time I'm due for permanent residence,I will not qualify as my spouse has not been exercising treaty rights for 2yrs now. As I said earlier,I did not want to depend on him anymore cos of him changing his mind to leave everytime.
From what everyone is saying, I may try and initiate a divorce ( the truth is he has always had the believe the mariiage will somehow work again so reason why he doesnt want a divorse)I will wait till near the 5yrs and who knows,he would have changed his mind again and stayed here for good with a job.
Can I ask,in that case,if he starts work again, would I qualify for another 5yrs?
I'm aware that at the time of divorce he must be a qualified person, as he is not working now and doesn't intend to work, even if a divorce is agreed, I wouldn't still qualify for retention of rights, would I?
Any adivice would be appreciated. Thanks

[mam2]

Pls could moderators check for me if I can continue on this thread with this question otherwise could you pls move to the correct section for me thanks.

I know for sure my spouse came to UK in 2003. He exercised treaty rights all this time but never applied for confirmation of PR. Am I right to believe that from the time he qualified for PR till now that he is not really execising treaty rights in any form, I will be able to qualify for ROR with evidence of this information? or I can qualify for PR after 5 yrs?

When will he be deemed to have broken his PR? Away from UK for more than 2 years?

Thank you.

[GodGives]

Thank you all for your advice. I was considering the flro because I felt by the time I'm due for permanent residence,I will not qualify as my spouse has not been exercising treaty rights for 2yrs now. As I said earlier,I did not want to depend on him anymore cos of him changing his mind to leave everytime.
From what everyone is saying, I may try and initiate a divorce ( the truth is he has always had the believe the mariiage will somehow work again so reason why he doesnt want a divorse)I will wait till near the 5yrs and who knows,he would have changed his mind again and stayed here for good with a job.
Can I ask,in that case,if he starts work again, would I qualify for another 5yrs?
I'm aware that at the time of divorce he must be a qualified person, as he is not working now and doesn't intend to work, even if a divorce is agreed, I wouldn't still qualify for retention of rights, would I?
Any adivice would be appreciated. Thanks

You seem to.be kin on divorcing. But I don't agree with this you should be patient. Hopefully things get better on his side in regards to gettting a job. Wait closer to when the 5yrs is expiring then apply for an extention. If your husband is British you will fill in flr(m) you are given 2.5yrs then you extend a further 2.5yrs before you qualify for ilr. Hope this helps

[mam2]

Thank you all for your advice. I was considering the flro because I felt by the time I'm due for permanent residence,I will not qualify as my spouse has not been exercising treaty rights for 2yrs now. As I said earlier,I did not want to depend on him anymore cos of him changing his mind to leave everytime.
From what everyone is saying, I may try and initiate a divorce ( the truth is he has always had the believe the mariiage will somehow work again so reason why he doesnt want a divorse)I will wait till near the 5yrs and who knows,he would have changed his mind again and stayed here for good with a job.
Can I ask,in that case,if he starts work again, would I qualify for another 5yrs?
I'm aware that at the time of divorce he must be a qualified person, as he is not working now and doesn't intend to work, even if a divorce is agreed, I wouldn't still qualify for retention of rights, would I?
Any adivice would be appreciated. Thanks

You seem to.be kin on divorcing. But I don't agree with this you should be patient. Hopefully things get better on his side in regards to gettting a job. Wait closer to when the 5yrs is expiring then apply for an extention. If your husband is British you will fill in flr(m) you are given 2.5yrs then you extend a further 2.5yrs before you qualify for ilr. Hope this helps

No no no. You are getting me wrong. If you have been married to someone who doesn't really care and yet would not leave you to carry on with your life,you will understand what I mean. I dont want divorce either but I don't want to be imprisoned by him too, my spouse is EU national not british.

[GodGives]

Thank you all for your advice. I was considering the flro because I felt by the time I'm due for permanent residence,I will not qualify as my spouse has not been exercising treaty rights for 2yrs now. As I said earlier,I did not want to depend on him anymore cos of him changing his mind to leave everytime.
From what everyone is saying, I may try and initiate a divorce ( the truth is he has always had the believe the mariiage will somehow work again so reason why he doesnt want a divorse)I will wait till near the 5yrs and who knows,he would have changed his mind again and stayed here for good with a job.
Can I ask,in that case,if he starts work again, would I qualify for another 5yrs?
I'm aware that at the time of divorce he must be a qualified person, as he is not working now and doesn't intend to work, even if a divorce is agreed, I wouldn't still qualify for retention of rights, would I?
Any adivice would be appreciated. Thanks

You seem to.be kin on divorcing. But I don't agree with this you should be patient. Hopefully things get better on his side in regards to gettting a job. Wait closer to when the 5yrs is expiring then apply for an extention. If your husband is British you will fill in flr(m) you are given 2.5yrs then you extend a further 2.5yrs before you qualify for ilr. Hope this helps

No no no. You are getting me wrong. If you have been married to someone who doesn't really care and yet would not leave you to carry on with your life,you will understand what I mean. I dont want divorce either but I don't want to be imprisoned by him too, my spouse is EU national not british.

Ok fair enough. It's much clearer now to me. As I said after 5yrs u a lot for Ilr. I know someone who is on 5yrs after marrying an EU national. U have nothing to worry about. As long as u are working u can apply for ilr 28days before it runs out.

[mam2]

My eldest child was included in my residence card application and had 5 yrs Rc as well. He is not the biological child of my EEA spouse. He was in education (year 1)when we applied for RC and he still is (year 3). Can he retain his right if his step-dad (my spouse)leaves this country?
We have letter from his school during our application and can get a letter now to state he is still in education.

Would I qualify as a parent of a child with retain rights of residence?I am named on his birth cert but not my EEA spouse.
Am I considered as having custody of the child? He lives with me.

In this case, do we apply together or he applies for ROR first before mine.

Im looking at all options.

[mam2]

Any advice pls?

[Obie]

In what capacity was your husband exercising treaty rights?

Your child may very well qualify, but if he is British, this may very well be a bit tricky situation.

[mam2]

In what capacity was your husband exercising treaty rights?

Your child may very well qualify, but if he is British, this may very well be a bit tricky situation.

Thanks obie.
My hubby was exercising treaty rights as a worker. My eldest child is not british but holds RC same as mine( he is the one Im refering to).
Its my youngest child who is british(no problem with his status).
What happens to me then?