my ec application dilema in detention

[lucabraci]

hello all,i am new to this site and i am presently in detention.i have been married to my european wife since january 2004 and we are still married.i was granted a 5 years temporary permit to expire in 2011 but the ukba are seeking to revoke my 5 years and remove me to my home country.presently me and my wife dont live together anymore and she has signified her intention to return back to her country as our marriage is going through some problems.she agreed to do an affidavit backing up everything i told the ukba which she did and attached the notarized copy of her new passport to it although i have the expired passport with me.

my solicitor is advising me to apply for a pr using the form eea2 but i am confused as i already have the five years permit and i can prove my wife was employed from 2004-2007 before she became self employed she has reciepts and some invoices to prove this but awaiting tax and ni returns from hm revenue,but i dont have her original passport although i have the blue cardboard registration card.

the questions i would like you to please answer for me are
1.what implications would seeking for a divorce have on my case and application for a pr from inside the detention.
2.can i use the notarized photocopy and her registration card as alternate identification for her in the abscense of the original passport which she has refused to send?

lastly the solicitor told me that as my case stands,i dont have any rights outside of my wife's rights please i need advices pls

[smallpie]

hello all,i am new to this site and i am presently in detention.i have been married to my european wife since january 2004 and we are still married.i was granted a 5 years temporary permit to expire in 2011 but the ukba are seeking to revoke my 5 years and remove me to my home country.presently me and my wife dont live together anymore and she has signified her intention to return back to her country as our marriage is going through some problems.she agreed to do an affidavit backing up everything i told the ukba which she did and attached the notarized copy of her new passport to it although i have the expired passport with me.

my solicitor is advising me to apply for a pr using the form eea2 but i am confused as i already have the five years permit and i can prove my wife was employed from 2004-2007 before she became self employed she has reciepts and some invoices to prove this but awaiting tax and ni returns from hm revenue,but i dont have her original passport although i have the blue cardboard registration card.

the questions i would like you to please answer for me are
1.what implications would seeking for a divorce have on my case and application for a pr from inside the detention.
2.can i use the notarized photocopy and her registration card as alternate identification for her in the abscense of the original passport which she has refused to send?

lastly the solicitor told me that as my case stands,i dont have any rights outside of my wife's rights please i need advices pls

why was u in detention in the 1st place? and is she not willing to help u for your PR application? and did u say she's gettin affidavit to back u up? all confusing....

[lucabraci]

hello all,i am new to this site and i am presently in detention.i have been married to my european wife since january 2004 and we are still married.i was granted a 5 years temporary permit to expire in 2011 but the ukba are seeking to revoke my 5 years and remove me to my home country.presently me and my wife dont live together anymore and she has signified her intention to return back to her country as our marriage is going through some problems.she agreed to do an affidavit backing up everything i told the ukba which she did and attached the notarized copy of her new passport to it although i have the expired passport with me.

my solicitor is advising me to apply for a pr using the form eea2 but i am confused as i already have the five years permit and i can prove my wife was employed from 2004-2007 before she became self employed she has reciepts and some invoices to prove this but awaiting tax and ni returns from hm revenue,but i dont have her original passport although i have the blue cardboard registration card.

the questions i would like you to please answer for me are
1.what implications would seeking for a divorce have on my case and application for a pr from inside the detention.
2.can i use the notarized photocopy and her registration card as alternate identification for her in the abscense of the original passport which she has refused to send?

lastly the solicitor told me that as my case stands,i dont have any rights outside of my wife's rights please i need advices pls

why was u in detention in the 1st place? and is she not willing to help u for your PR application? and did u say she's gettin affidavit to back u up? all confusing....

i was in detention because the ukba are asserting that my marriage is a sham marriage because my wife was not at the airport to meet me nor could they get in touch with her over the phone even after telling them of the argument we had over the phone while i was back home.

she was not willing to help me at first because she totally blanked me and travelled back to her country changing her numbers e.t.c

we have now made up and she has since swore an affidavit to state that we are marrried and she has been exercising her treaty rights in the uk.she has also answered all the other questions asked by ukba and attached the notarized copy of her passport with the affidavit we got married in 2004 till now.

in view of these could you tell me

1.what implications would seeking for a divorce have on my case and application for a pr from inside the detention.i.e eea4 form application

2.can i use the notarized photocopy and her registration card as alternate identification for her in the abscense of the original passport which she has refused to send?

thanks for your help

[fisayo]

The only answer i can give at this moment is to talk to GOD AlMIGHTY .He is always there no matter the situation of individual .Talk to HIM and it shall here.

[smallpie]

i will advise u to not think of divorcing now, until u get yr PR sorted out and then u can be plannin divorce.. so if u try to get divorce now, it may affect yr application. and try talk to yr mrs. to come bck to uk and help u out with yr application for now, then u can talk things over afterwards and if she want to go back to her country. and try get a good solicitor who can help u more. wish u all the best.

[Monifé]

You can apply for PR in your own right as you were married more than 3 years to your wife.

If they don't revoke your residence card, you can apply 6 months before your card expires (as it can take 6 months for PR application).

You need to make UKBA be aware that you are applying for retention of rights in the PR application and in that you will only need to send you own documents for the last 2 years to show that you were exercising treaty rights and I think you might need your wife's documents for the first 3 years of your 5 year residence card.

[Obie]

Unlike Ireland, UK dont accept PR application 6 months prior to expiry of PR except if the person has accured 5 years of residence in accordance with the directive prior to the expiry of their residence card. Then again the irish authorities consider people for PR only if they have lived in the state for 4 and the half year on residence card, which in actual fact wrong and contrary to Royers judgement.

Depending on the OP circumstance, he could apply for Pr if he can provide the necessary documentation. I also think his detention is unlawful regardless of the circumstance. Proper procedures were not followed, and appeals right which is mandatory was not granted to him before revoking his residence card at port. This is unlawful by the national rules and caselaw standard, nevermind the CJEU Jurisprudence.