help, please!!!!

[newmulligan]

Hi All,

My permanent residency application under the EEA regulations was rejected because no adequate evidence proving my EEA national husband had been exercising treaty right in the UK for the required period of time.

I appealed against the refusal, but it was dismissed under the EEA regulations and the article 8 human right (private life) by the 1st Tier Tribunal. I then appealed to the Upper tribunal, but now I want to give up and leave the UK voluntarily. How soon will I have to leave? If I want to leave within 28 days, would that be possible? Obviously I do not want to overstay which might blemish my immigration history. I heard that I might have to leave in 7 days given I have no visa anymore.

If I decided to appeal to the end when my appeal right is exhausted, how soon will I have to leave? Would it be any different from the above?

If I failed to leave voluntarily on both of the above circumstances, I would be forced to depart when I might be able to appeal against the removal, however, I would not be allowed to stay anyway in the end?

I look forward to hearing from you urgently.

Many thanks!

[ravii]

If you are still married with your EEA national and your EEA national partner/spouse is a qualified person in the uk then you can apply RC again rather then to follow PR.and no body will deport you if you are a family member of a qualified EEA national person.unless public policy.

[ravii]

http://www.immigrationboards.com/viewto ... ht=#767682

[newmulligan]

Thanks for the link which say the followings:


"Family member of EEA nationals are not subject to immigration control. Therefore they dont have to have leave to remain. They are not usually given the 28 days notice, but told to leave ASAP"

According to this, I might be told to leave ASAP. How soon? I need to have my luggage shipped and it takes about 7 days for the company to provide me with boxes for packing.

It also says "I believe UKBA will probably write back to you and inform you to leave. The appeal seem to be against refusal of PRC and not against Removal". It means to me that I can appeal against the removal when the UKBA writes to me informing me to leave, but what is the merit of such an appeal. I might have to leave anyway in the end?

[uk4rex.co.uk]

You don't have to leave the UK,

Since I/we don't know what your EEA do at present it is had to tell what you are currently entitle to.

If your EEA partner is working, self employ, job seeker or SF then you have every right to be here.

Just tell me a little bit of what your partner do in the UK...

Did you get married in the UK?
How long have you been married?
Is your partner working or not?
If his not working what does he do?

[newmulligan]

I applied the permanent residency on the basis of a retained right as a divorced person. The requirements include:
The marriage had lasted for over 3 years during which both spouses had lived in the UK for at least one year.

I meet the requirement, however there is no evidence proving that ON THE DATE of divorce the EEA national is exercising treaty right in any form in this country. In fact I know he is no longer in the UK even before the divorce took place. That is why it is hard, therefore I think of leaving.

May I apply for a student visa in the UK at this stage (I do not have any visa at this moment but a pending appeal, I do not even have a pending appeal if my appeal right has been exhausted)? or I will have to go back to my home country and apply from there?

Thanks

[uk4rex.co.uk]

I applied the permanent residency on the basis of a retained right as a divorced person. The marriage had lasted for over 3 years during which both spouses had lived in the UK for at least one year. I meet the requirement, there is no evidence proving that ON THE DATE of divorce the EEA national is exercising treaty right in any form in this country. In fact I know he is no longer in the UK even before the divorce took place. That is why it is hard, therefore I think of leaving.

May I apply for a student visa at this stage?

I think you should apply on EEA2 for retain of resident first, the RC will be exactly the same but the letter from home office will state you are now here on your own right, then you can apply for EEA4 after obtaining that document which will then make this easier for you, you wont have to prove anything concerning her if you apply using the EEA4 form..

Even now if you apply for retain of resident you dont have to prove anything other than your divorce paper and prove of resident provide you use EEA2 for your retain of resident

[ravii]

If you do not have any proof that your ex was a qualified person till divorce then sorry to say that you have no rights in the uk unless you have a solid reasons.i.g.personal life,business/job,property,children's,long residency in the uk,etc etc.sorry to say again you have to leave the country within the time period which ukba give you.if you wants to apply a student visa within the country then it might be little difficult as firstly admission problem,I m quite sure that in this situation no tier sponcer college or university will give a admission but if any one give you a admission then visa problem,first ukba then court.

[newmulligan]

Thank you. Ravii.

The link you cited
http://www.immigrationboards.com/viewto ... ht=#767682 says the followings:

"Family member of EEA nationals are not subject to immigration control. Therefore they dont have to have leave to remain. They are not usually given the 28 days notice, but told to leave ASAP".

As said if I want to give up appeal further or decide to proceed it till my appeal right is exhausted, HOW SOON must I leave the UK? So far I have not received any notice from the UKBA saying how soon to leave the UK.
Some people say 7 days after the date when the final appeal is dismissed, other say 28 days. I am confused about this. I just want to make sure to leave on time in order not to have an illegal record of overstaying which obviously will blemish my immigration history and cause trouble of applying for visa to come abroad again in future???(If I went back, I would not want to come back to the UK anymore. Instead I want to go other countries).

What is the difference between Article 8 Human right (private life) and rule 276ADE (private life)?