- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
I am not saying to go down that route right now. I am just saying that your child is likely easily a British Citizen (which may be a good thing in it's own right), and that you ALSO have a right to remain as the parent of a British Citizen who you are taking care of.made_in_ussr wrote:i dont want to apply for permission to stay here according to my child birth certificate. i dont know why. but i need to look for other options. my child is not a way to obtain PR. i have earned on this right according to my work and my marriage. thats it!
An adviser on UKBA line told me that my school can apply for a work permit even if I am here in the UK and school doesnt pay for it-the government subsides. right?Posted: Sun Oct 23, 2011 7:57 pm Post subject:
--------------------------------------------------------------------------------
You do not need to spend money on a work visa (which, in any event, you would need to leave the UK to apply for).
The main problem is that you do not have particular documents that your husband could presumably supply (or give permission to be disclosed by the relevant agencies).
For this reason, the appeal procedure would probably be useful to you. You could apply to the Tribunal for an order that these documents are disclosed and/or that your husband give witness evidence about his work history.
Take appropriate legal advice: I do not think there is anything to stop you applying for confirmation of PR at a later date when you have more time and better advice, and appealing the outcome of that application.
Posted: Sun Oct 23, 2011 8:24 pm Post subject:
--------------------------------------------------------------------------------
Forget work permit. Estranged spouses often do not like each other.
What is most important to you? I would say your daughter's welfare, and then yours. I'm sure you are a mother that loves her daughter and wants her to be happy.
You have strong grounds for staying in the UK. Get some proper legal advice and take things forward.
You need to listen carefully what people have been saying: it looks like you also have a right to stay. You just have some fights ahead to get the proof that you need.made_in_ussr wrote:the most ridiculous thing is that my husband and my daughter may stay and live here. but not me. i am an alien!!!!!!!!!!!!!!!
Directive 2004/38/EC
Article 13 - Retention of the right of residence by family members in the event of divorce, annulment of marriage or termination of registered partnership
2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances, such as having been a victim of domestic violence while the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court order, the spouse or partner who is not a national of a Member State has the right of access to a minor child, provided that the court has ruled that such access must be in the host Member State, and for as long as is required.
Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. 'Sufficient resources' shall be as defined in Article 8(4).
Such family members shall retain their right of residence exclusively on personal basis.
No her son is presently visiting her parents.Azhaar wrote:But i thought she said that her son in Poland!!! thats what i dont understand why!!"
Hopefully the child will soon return the UK...Directive 2004/38/EC
3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.
What did you hear from them?made_in_ussr wrote:so i got the reply from UKBA on Saturday, so I could go home and bring my child back. Easy.
several thousands ...I'm glad to hear you've found a lawyer. You've found out that they are not cheap. You need to make the lawyer work for you. Do your own research and lead them to what they need to do.
They said that you need to show how your husband exercised treaty rights for (a) five years or (b) 1-year if divorced. Great, I think you knew that yourself. What strategy have they for proving that? A letter to your husband? Are they proposing a court order? A letter to the inland revenue? You will not be the first nor last person to be in this situation. Get your lawyer to do some work towards getting this evidence.
Don't be tempted to use them as a shoulder to cry on (that would be expensive) use your friends for that.
It's reassuring to know that your job is secure pending appeal.