given 28 days to leave the country, what about my house

bebe2 · Post by **bebe2** » Sun Nov 09, 2008 10:55 am

my bro has been given 28 days to leave the country after his eea pr was refused cos the wife's id card he gave the ho was expired as he separated from his wife, he has a semi that he bout in 2005, what can he do with it as itis almost impossible to sell houses in this economic climate

republique · Post by **republique** » Sun Nov 09, 2008 2:04 pm

bebe2 wrote:my bro has been given 28 days to leave the country after his eea pr was refused cos the wife's id card he gave the ho was expired as he separated from his wife, he has a semi that he bout in 2005, what can he do with it as itis almost impossible to sell houses in this economic climate

get a realtor

Wanderer · Post by **Wanderer** » Sun Nov 09, 2008 5:05 pm

Rent it out?

bebe2 · Post by **bebe2** » Sun Nov 09, 2008 5:47 pm

okay, he doesnt know if he will ever come back so what happens if he cant, i assue the tenant can take over and finish the mortgage
interesting

Christophe · Post by **Christophe** » Sun Nov 09, 2008 6:24 pm

bebe2 wrote:okay, he doesnt know if he will ever come back so what happens if he cant, i assue the tenant can take over and finish the mortgage
interesting

No â€” if he rents the house out, he still has control over it, even from overseas. (Plenty of people own houses or flats in the UK and live outside the country, and their property is rented out.) If he decides to sell it, he can organise that from abroad too.

I think that if he decides to rent the property (and it does seem an attractive option in the circumstances) he would be well advised to retain the services of a well-known and well-established estate agent with a presence in the area. They will be quite used, probably, to dealing with overseas owners. If he decides to sell in the future, they are likely to be able to deal with that as well as with rentals (though he would want a lawyer as well). They will also be able to put him in touch with another suitable estate agent should they shut their local office.

jude · Post by **jude** » Mon Nov 10, 2008 9:26 am

Why does him appeal?

Post by **batleykhan** » Mon Nov 10, 2008 11:28 am

Transfer your brothers house onto your own name as a gift via a solicitor, and then try to sell it or rent it out yourself and sort finance out it with your brother.

republique · Post by **republique** » Mon Nov 10, 2008 6:53 pm

batleykhan wrote:Transfer your brothers house onto your own name as a gift via a solicitor, and then try to sell it or rent it out yourself and sort finance out it with your brother.

i wouldn't do that, the best way to have a family problem is to get involved in property and its finances

Post by **batleykhan** » Mon Nov 10, 2008 9:56 pm

wouldn't do that, the best way to have a family problem is to get involved in property and its finances

Better than loosing it to someone else or an unknown person for nothing !!!!!

republique · Post by **republique** » Mon Nov 10, 2008 11:05 pm

batleykhan wrote:
wouldn't do that, the best way to have a family problem is to get involved in property and its finances
Better than loosing it to someone else or an unknown person for nothing !!!!!

Thats ridiculous
He owns it, he just puts it up for sale and gets the proceeds, how is he going to lose it.
Leaving the country doesnt cancel your ownership. So don't create situations that don't exist.

bebe2 · Post by **bebe2** » Tue Nov 11, 2008 11:01 am

yes hude he will appeal even though the letter says under eea rule he has no right of appeal his lawyer dispute that and is asking for a review.
am sure you know the story for does whodont, he is married to eea girl separated after 4.5ysr girl has new man refused to cooperate, my bro gave ho every paper he can find in yhe house after 11mths ho refused the app. cos the id card has expired.
if youy have any idea pls help i have lost hope in appeal or review,

freon21 · Post by **freon21** » Tue Nov 11, 2008 8:46 pm

IS the EEA spouse still in the uk?
if yes is she exercising treaty right(employed ,self employed,...?
if yes your brother should initiate divorce and ask for her cooperation.
Read directive 2004/38 retention of residence.......
if otherwise the appeal wont help him.
http://eurlex.europa.eu/LexUriServ/LexU ... 038:EN:NOT

bebe2 · Post by **bebe2** » Wed Nov 12, 2008 10:10 am

thanks freon
the girl is still in uk and exercising treaty , do you think they can deport him even when they are not divorced? do you think the appeal board will understand if he says he is in the process of getting a divorce or they will think he is only doing that so he doesnt get deported?

republique · Post by **republique** » Wed Nov 12, 2008 10:36 am

bebe2 wrote:thanks freon
the girl is still in uk and exercising treaty , do you think they can deport him even when they are not divorced? do you think the appeal board will understand if he says he is in the process of getting a divorce or they will think he is only doing that so he doesnt get deported?

you need not be present to be get divorced so this is not persuasive

jude · Post by **jude** » Wed Nov 12, 2008 11:02 am

bebe2 ,
I think if she is exercising treaty right now I think your brother have chance of wining , it would be nice if his MP could write to the HO as well. From what I was told is , Rights of NON EEA returned card after divorce .
The Marraige need to have last for 3 years
Proof of living 1 year in uk for those 3 years which can either be bills in both names or if your EEA wife/husband want to help you you can sent either p.60 any proof of working? .
Proof that the non EEA had been exercising treaty right for 1 year .
3 Payslip, 3 Bank Statement .
You also have to proof that at the time of Divorce your X EEA was exercising treaty right.
Certificate of Divorce . And you need to put in writting about your changed and sign without your passport untill the HO ask you befor you sent it unless your passport can stay with them for a while unless you are apply for PR befor you can sent your passport . That's how I was told by a senior members in EEA department yesterday, Any reply of thsi you are all welcome.

bebe2 · Post by **bebe2** » Wed Nov 12, 2008 11:05 am

the main thing is for him to be able to remain in the uk, bcos if he goes back home and then get divorced he can not retain his permanent resident status if he already left. or what do you think

bebe2 · Post by **bebe2** » Wed Nov 12, 2008 11:36 am

thanks jude
he already applied and was refused a week ago after 11mths. bcos the identity card for the girl has expired he had all other treaty evidence to show and they were satisfied with those. they said he had no right of appeal and should leave uk within 28days his lawyer has written to ask for a review and also appealed , the girl is still here and she is studying although she now has a new partner. if he start a divorce now would that help him ? or should he reapply is that even allowed?is there a way of getting an extention till his divorce comes through ? i dont have high high hope for the appeal.

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given 28 days to leave the country, what about my house

given 28 days to leave the country, what about my house

Re: given 28 days to leave the country, what about my house

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