Can this lady apply under Article 8 ?

[askmeplz82]

one of my mate want to know is there any chance she can apply on the basis of Article 8


She is 35 years old. She left her birth/home country at the age of 10 with her family and lived in various countries around the world ( because of father job ). She only been to her own country once 12 years ago for a week ( she was forced by her father to visit grandma )

She is living in the UK for 10 years ( legally ) and currently family member of eu national and end of this year she was suppose to apply for Permanent Resident but she can not. HOME OFFICE will reject the application because no EU national passport or Work record where her husband was woking for 5 years. she even don't have any idea where her husband is now. He just left not even divorced

Can she argue that she is alien to her own birth country. She don't have any life in there?

[Amber]

How long has she been in the UK, legally or not?

[askmeplz82]

How long has she been in the UK, legally or not?

n the UK living Legally for 10 yrs almost

[Amber]

How long in the UK even if not legal?

[askmeplz82]

How long in the UK even if not legal?

She was legal here. Legal since she arrived first 10 yrs ago

[Amber]

Does she have a child?

[askmeplz82]

Does she have a child?

no she is legally still married but no child. Separated from husband and no idea where her european husband live

[Amber]

Your friend may have retained her rights of residence for EEA purposes as her husband left (possibly the UK?) though that may be difficult to prove as there is no information on the husband, perhaps he was already married? Did she try and trace him?

For a long residence application, the 5 years under EEA law would have to be substantiated (proving spouse was exercising treaty rights) which is again difficult to prove unless she can trace him. There are provisions to grant leave outside the rules which she may satisfy given the length of time she has been here and the ties she has to the UK (a lack anywhere else). I think legal advice would be appropriate. For an article 8 claim, what family does she have here?

[askmeplz82]

Your friend may have retained her rights of residence for EEA purposes as her husband left (possibly the UK?) though that may be difficult to prove as there is no information on the husband, perhaps he was already married? Did she try and trace him?

For a long residence application, the 5 years under EEA law would have to be substantiated (proving spouse was exercising treaty rights) which is again difficult to prove unless she can trace him. There are provisions to grant leave outside the rules which she may satisfy given the length of time she has been here and the ties she has to the UK (a lack anywhere else). I think legal advice would be appropriate. For an article 8 claim, what family does she have here?

sorry i made mistake..

_____________________________________

Applications to remain on the basis of long residence or private life not article 8

To satisfy the suitability requirements of paragraph 276ADE

Is aged 18 years and above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which they would have to go if required to leave the UK.

_______________________________________________

She is 35 years old. She left her birth/home country at the age of 10 with her family and lived in various countries around the world ( because of father job ). She only been to her own country once 12 years ago for a week

[vinny]

When did she get married and when did her husband 'leave' her?

She may have problems retaining her rights of residence if 10 is unsatisfied.

How does she know he isn't injured or dead? Has she reported him missing?

[askmeplz82]

When did she get married and when did her husband 'leave' her?

She may have problems retaining her rights of residence if 10 is unsatisfied.

How does she know he isn't injured or dead? Has she reported him missing?

Requirements to be met by an applicant for leave to remain on the grounds of private life

276ADE. The requirements to be met by an applicant for leave to remain on the grounds of private life in the UK are that at the date of application, the applicant:

(vi) is aged 18 years or above, has lived continuously in the UK for less than 20 years (discounting any period of imprisonment) but has no ties (including social, cultural or family) with the country to which he would have to go if required to leave the UK.



well according to that lady may be he is scared of divorce settlement ( rich guy ). she can claim portions of his fortune as divorce settlement? may be that's why

do you think she should contact police ? she thought about this before but changed her mind because they are no longer together anymore.

she knows ROR will be difficult so she is looking for alternative route: Leave to remain on the grounds of private life


married since 05/2008 ; husband left her 02/2010 . before that they lived together in London

[vinny]

Before disappearing, did he make it clear that he was leaving her? Or did he just disappear without any warning or explanation? If it's the latter, then she should report him missing.

Whose property is she living in?

Does she have any mutual friends with her husband who may know his current circumstances?

[askmeplz82]

Before disappearing, did he make it clear that he was leaving her? Or did he just disappear without any warning or explanation? If it's the latter, then she should report him missing.

Whose property is she living in?

Does she have any mutual friends with her husband who may know his current circumstances?

By the way they got married after 3 years relationship but after 1 year living together as husband /wife things have changed. that guy was always busy with business. So like all relationship it didn't work out. He was having affair with loads of women so she thought he may have left with one of them.

No domestic violence ; He left one day after an argument . While going out he took some clothes that all. She thought he will come back in 1/2 weeks but he didn't.

It was rented property . After her husband left her it was too expensive for the lady to pay so she also left when the contract expired and now living close to me

His 2 friends still here but she don't know their number or address. It's not possible to find them.

[vinny]

Perhaps she should apply for PR. They will undoubtedly refuse because of her lack of evidence that her husband was excercising treaty rights throughout the prceeding five years. However, at the appeal, she may use the Tribunial's procedures and regulations to help her find the proof. If this fails, then they should also consider Article 8.

[Amber]

You should search the electoral register to see if you can find him.