Solicitor said I cannot apply PR, please help!!!

[maria_zhang]

I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?

Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?

Any advise would be grateful as I am so so confused right now!!

[Wanderer]

I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?

Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?

Any advise would be grateful as I am so so confused right now!!

If u were married for three years one in UK u are safe.

PR will be after 5 years as far as I know.

[maria_zhang]

I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?

Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?

Any advise would be grateful as I am so so confused right now!!

If u were married for three years one in UK u are safe.

PR will be after 5 years as far as I know.

That is what I thought, cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing. So confusing :S

[maria_zhang]

I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?

Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?

Any advise would be grateful as I am so so confused right now!!

P.S. Just rang the solicitor again, she told me that once the divorce is done, I need to go back to china asap, otherwise UK homeoffice will might refuse for my future application, is it really that serious? Could anyone help please???

[Rozen]

I am on EEA family member remain for 5 years to 2010, but me and my EU husband are just divorced this month. And I rang the solicitors before, they said I cannot apply for PR next year as I can't reply on my ex anymore and EU don't like to change the visa to UK visa, or the other way around. Is this correct? I thought the law had changed in 2006, and I should be entitled to change to PR auto after 4 yrs?

Also another situation is that I am pregnant with my fiance's baby, he is British ( I am chinese btw), is it another way that I can get my visa after EU remain expired?

Any advise would be grateful as I am so so confused right now!!

P.S. Just rang the solicitor again, she told me that once the divorce is done, I need to go back to china asap, otherwise UK homeoffice will might refuse for my future application, is it really that serious? Could anyone help please???

Time to change your 'solicitor'?

[JA13I]

maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.

and EU don't like to change the visa to UK visa, or the other way around. Is this correct?

Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.

Have a read of Chapter 5 of this a couple of times and once you are finished, read it a couple of times more! Pay special attention to 5.2 of that document.

Then read this and 6.2 of that. Then after that start compiling the evidence that you require for applying for the PR as per as the advice I had given 2 years ago.

From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.

From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!

From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.

Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?

Also, do you have any chance of getting that payslips to prove that your Dutch Husband was exercising treaty rights when you got divorced last month? This currently is your biggest concern!

I am so so confused right now

... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!

cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing

Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.

[vinny]

See also 6. Retaining a Right of Residence

[maria_zhang]

maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.

and EU don't like to change the visa to UK visa, or the other way around. Is this correct?

Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.

Have a read of Chapter 5 of this a couple of times and once you are finished, read it a couple of times more! Pay special attention to 5.2 of that document.

Then read this and 6.2 of that. Then after that start compiling the evidence that you require for applying for the PR as per as the advice I had given 2 years ago.

From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.

From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!

From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.

Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?

Also, do you have any chance of getting that payslips to prove that your Dutch Husband was exercising treaty rights when you got divorced last month? This currently is your biggest concern!

I am so so confused right now

... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!

cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing

Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.

Hi, I feel so ashamed after what you said, and I promise I will give a good reading during this weekend and get back to you if I found any question, also give more detail with what I have got so far for my situation. Also I am really appericated with your reply and thanks very much for your time.

[maria_zhang]

[quote="JA13I"]maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.

Hi JA131, thank you very much for your advise first, and I'd like to describe more detail of my situation.

After reading the page you gave to me, please see my understanding as below, please correct me if I am wrong. By the way, the divorce paper has finally gone through, my divorce has started since 30th July.

1. Me and my ex got married in June 2004, and divorced in July 2009, this gives me 5yrs of marriage which is enough for me to retain a right of residence.
2. I have been working in the UK since 2005 and paying tax, I have kept all the pay slips to prove. My company which I am working at can provide proof as well.
3. I can't get any pay slip of my ex, but before we signed the divorce paper, there's a page which shows his income at the right moment when we signed the paper. And I have a copy of that. So I assume this could prove that he has been working and that's how he has his income. Please let me know if this is enough. Apart from this, I really don't have anything else can show to HO.
4. Apart of above, I have the copy of marriage/divorce certificates.

All the documents should be included above, I hope I have got this right. If there's anything else is missing, please let me know. The resident card is expired in May 2010, I plan to start to apply for PR in next Feb. Do you think this is fine? Also I heard that it usually takes quite long to hear anything from HO, is it correct?

Also the solisitors which I rang 2 weeks ago, they are not free solisitors, I just rang up for consulting. But I assume that they don't know EEA law as well.

Oh just one more thing, my baby is due in Jan 2010 and his dad is british, can I just double check that the baby will be british when it's born, right?

I really hope I could get any futher advise from you and thank you very much for your time.

Maria

[maria_zhang]

maria_zhang, many thanks for the 'pm'. I am replying on forum as others can comment further on any information that I may provide for clarity and as no new information has been passed to me from what you have already posted.

and EU don't like to change the visa to UK visa, or the other way around. Is this correct?

Please, do not take this the wrong way, but you MUST get organised and become specific about your facts! This is your legal stay in the UK on the line. So, be prepared to put a lot more effort into it if you wish to continue living here.

Have a read of Chapter 5 of this a couple of times and once you are finished, read it a couple of times more! Pay special attention to 5.2 of that document.

Then read this and 6.2 of that. Then after that start compiling the evidence that you require for applying for the PR as per as the advice I had given 2 years ago.

From July 2004- July 2007- Proof that you or your EEA family member has been working/studying or exercising the treaty right in some way. This can be in the form of payslips, P60s & bankstatements or Letter of enrolment if a student. This documentation is obligatory.

From July 2004 - July 2007- Proof of cohabitation. This can be any of the documents mentioned in Note 6 of page 14 of this pdf, http://www.ind.homeoffice.gov.uk/6353/11406/set(m).pdf, spread evenly through out the year. It is not necessary that it has to be for the year mentioned above, but can be for any one year as the HO is entitled to ask for them. So, let the scavenger hunt begin!

From July 2007 - July 2009, proof that you are working and will be capable of exercising treaty rights as if you are an EEA national.

Please try and be a bit more clear. What do you mean by "I can't reply on my ex anymore" ?

Also, do you have any chance of getting that payslips to prove that your Dutch Husband was exercising treaty rights when you got divorced last month? This currently is your biggest concern!

I am so so confused right now

... and you will remain that way unless you are ready to clearly see what we are trying to show you for the past 2 years! Re-read all the advice that was given to you and after you have clearly understood everything, if you still have any doubts I will be happy to answer them for you. Free any ideas that you may have about switching your visa by your current boyfriend! Focus on the PR!

cos I have asked for this before, but that's not what solicitors said, I have asked 2, both of them said the same thing

Let me guess! They were FREE solicitors, werent they? Dont fret! If you cant afford one, I am more than happy to help offline with your application, but I MUST see some more commitment from you than I am currently seeing.

Hi JA131,
some reason, I need to post a few times to get my reply up here, and also when I tried to pm you, the message wouldn't get to send. I am not sure if you have received my message, I would be very appreciated if I could get your reply.

Many thanks
Maria

[parvus1202]

You are divorced and you are pregnant with your fiance? A new man in your life I suppose. So since he is your fiance, when are you getting married, again? When your baby is born and recognized by the daddy, then the baby is British. You cannot be separated from your baby.

[maria_zhang]

You are divorced and you are pregnant with your fiance? A new man in your life I suppose. So since he is your fiance, when are you getting married, again? When your baby is born and recognized by the daddy, then the baby is British. You cannot be separated from your baby.

Yes. I have got my divorce certificate. Me and my fiance are not sure when to get married yet. But we wonder if we can actually get married before the baby is born and before I apply for my PR. I am not sure if the registering office would let me to get married if they don't know about my right.

[JA13I]

Many apologies for the late reply, maria_zhang. Have been very tied up the past few weeks and was not able to look into your case inspite of the various 'pm's you had send to both- this id as well as my 'Docterror' one .
Looking back to your notes, let me summarise your case so that I can formulate your different options:-
1.You married in June 2004 during which time your EEA partner was exercising his EEA rights as a worker, but you do not have any evidence of him working during this time.
2. You obtained the right to remain in the UK June 2005 almost an year after you and your EEA family member have been exercising treaty rights and it's valid to June 2010. During this year, you did not work or study and have been entirely dependant on him.
3. You started working at June 2005 and have been working ever since.
4. You got divorced from the EEA family member in July 2009, but you do not have proof of his exercising treaty rights at the time of divorce apart from a page in your divorce paper which shows his income at the right moment when you signed the document.
5. You are currently expecting with a British citizen whom you intend to marry in the near future, preferably before your expected delivery date in December.
The pros:-
1. You have been married for 5 years and more than an year of that has been in the UK. This gives you automatic right of PR from July 2009.
2. You have been working for a long time and have been doing so during and since your divorce.
The cons:-
1. You do not have proof of your partner exercising the treaty right during the period of June 2004- July 2005
2. You do not have proof of your partner exercising the treay right during the time of your divorce.
Your options to proceed:-
1. I do not completely comprehend you insistence that you want to wait till 2010 to apply for your PR. The time to apply for your PR is NOW! You have already been exercising treaty rights for the required 5 years since July 2009 and I strongly suggest that you make the application as soon as you can!
For the proof of your partner exercising the treaty right from June 2004 to July 2005, pls see if you can get a letter form his employer or a summary of the taxes paid by him during this period from the HMRC.
2.If you do want to get married with your current British partner, you do not need CoA acording to the theory bit. But if you do get married and do get switched to the UK national route, you will have the following problems. First, You will have to leave UK and make the application for your Spouse visa from your home country, which in this case is China. Switching to a UK Spouse visa from the EEA family member route is not posible as far as I am aware. Others are free to comment. The second problem you will face is the changes that will be brought into effect once the current nationality bill gets passed and becmoes a law. I am sure you know of all the repercussions of that bill from the multipaged debate that still rages on in this site.
My suggestion remains the same- Apply for the PR NOW! Keep the UK route only as a back up as your case is a pretty strong one and you should be able to sort it out without having to resort to it.
I will be back in the UK on the 25th and I will 'pm' you my contact details so that I will be able to provide further prompt assistance.
Once again, I apologise for the delay in my response, but be sure to act very quickly from here onwards!

[Rozen]

Helping_immigrant, stop spamming all over the place and being a nuisance!

[batleykhan]

Helping_immigrant, stop spamming all over the place and being a nuisance! Rolling Eyes

Hey Rozen

I am now a Mod and have terminated above for good

[meats]

Helping_immigrant, stop spamming all over the place and being a nuisance! Rolling Eyes

Hey Rozen

I am now a Mod and have terminated above for good

Can you get rid of jacobse's spamming too?

[maria_zhang]

Many apologies for the late reply, maria_zhang. Have been very tied up the past few weeks and was not able to look into your case inspite of the various 'pm's you had send to both- this id as well as my 'Docterror' one .
Looking back to your notes, let me summarise your case so that I can formulate your different options:-
1.You married in June 2004 during which time your EEA partner was exercising his EEA rights as a worker, but you do not have any evidence of him working during this time.
2. You obtained the right to remain in the UK June 2005 almost an year after you and your EEA family member have been exercising treaty rights and it's valid to June 2010. During this year, you did not work or study and have been entirely dependant on him.
3. You started working at June 2005 and have been working ever since.
4. You got divorced from the EEA family member in July 2009, but you do not have proof of his exercising treaty rights at the time of divorce apart from a page in your divorce paper which shows his income at the right moment when you signed the document.
5. You are currently expecting with a British citizen whom you intend to marry in the near future, preferably before your expected delivery date in December.
The pros:-
1. You have been married for 5 years and more than an year of that has been in the UK. This gives you automatic right of PR from July 2009.
2. You have been working for a long time and have been doing so during and since your divorce.
The cons:-
1. You do not have proof of your partner exercising the treaty right during the period of June 2004- July 2005
2. You do not have proof of your partner exercising the treay right during the time of your divorce.
Your options to proceed:-
1. I do not completely comprehend you insistence that you want to wait till 2010 to apply for your PR. The time to apply for your PR is NOW! You have already been exercising treaty rights for the required 5 years since July 2009 and I strongly suggest that you make the application as soon as you can!
For the proof of your partner exercising the treaty right from June 2004 to July 2005, pls see if you can get a letter form his employer or a summary of the taxes paid by him during this period from the HMRC.
2.If you do want to get married with your current British partner, you do not need CoA acording to the theory bit. But if you do get married and do get switched to the UK national route, you will have the following problems. First, You will have to leave UK and make the application for your Spouse visa from your home country, which in this case is China. Switching to a UK Spouse visa from the EEA family member route is not posible as far as I am aware. Others are free to comment. The second problem you will face is the changes that will be brought into effect once the current nationality bill gets passed and becmoes a law. I am sure you know of all the repercussions of that bill from the multipaged debate that still rages on in this site.
My suggestion remains the same- Apply for the PR NOW! Keep the UK route only as a back up as your case is a pretty strong one and you should be able to sort it out without having to resort to it.
I will be back in the UK on the 25th and I will 'pm' you my contact details so that I will be able to provide further prompt assistance.
Once again, I apologise for the delay in my response, but be sure to act very quickly from here onwards!

Hi Jabi, I have pm you with my reply and I hope you can receive it, because it's still in my outbox for some reason. Let me know if you can't see any, and I will resend again.

Many thanks
Maria

[maria_zhang]

After 4 months appication for my PR, it has been rejected, the main reason is that I couldn't prove my ex has been working in the UK to exercise his treaty rights, but I know he has and still is. But since we were separated we never got contact with each other, he hates me still very much and there's no way that he would help me on this at all. Now I have 10 days for appeal and I really don't know how I should start my appeal from.

Also my situation has been changed, I am married to a british citizen and have a 12 weeks old baby with him, should I inform UK border agency about this and use it as a reason to get my remain in the UK?

Any advise would be great, just really need a guide to point out the way I should go.

many thanks

[mochyn]

As you have already been told, you now have to leave UK and apply for a spousal visa from your own country.
This will be the quickest way.

Now you have a British husband and a British baby you will not be refused this visa

[bani]

You cannot appeal the ILR refusal without any papers from your ex-husband. I agree the best thing to do is get a spouse visa (with your current husband). From my friends' experiences, it takes a while for the British consulates to process spouse visas (>1 month), interviews are required. I don't know how it would be in China, but this might be your only option.

[sky_blue]

After 4 months appication for my PR, it has been rejected, the main reason is that I couldn't prove my ex has been working in the UK to exercise his treaty rights, but I know he has and still is. But since we were separated we never got contact with each other, he hates me still very much and there's no way that he would help me on this at all. Now I have 10 days for appeal and I really don't know how I should start my appeal from.

Also my situation has been changed, I am married to a british citizen and have a 12 weeks old baby with him, should I inform UK border agency about this and use it as a reason to get my remain in the UK?

Any advise would be great, just really need a guide to point out the way I should go.

many thanks

You can apply for spouse visa inside uk on artcile8.
You need professional assistant for this type of application.

[mochyn]

After 4 months appication for my PR, it has been rejected, the main reason is that I couldn't prove my ex has been working in the UK to exercise his treaty rights, but I know he has and still is. But since we were separated we never got contact with each other, he hates me still very much and there's no way that he would help me on this at all. Now I have 10 days for appeal and I really don't know how I should start my appeal from.

Also my situation has been changed, I am married to a british citizen and have a 12 weeks old baby with him, should I inform UK border agency about this and use it as a reason to get my remain in the UK?

Any advise would be great, just really need a guide to point out the way I should go.

many thanks

You can apply for spouse visa inside uk on artcile8.
You need professional assistant for this type of application.

It will take forever to gain spouse visa this way
Better to go home it will be much quicker