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NEED YOUR HELP GUYS
Posted: Fri Jun 01, 2012 9:34 pm
by incognito2012
got married to a french woman in march 2009 in france.previously on student visa here in the UK, I applied for eea2 in january 2010 and was granted with 5 years RC in august 2010. on january 2011 God gave her eternal rest leaving me with ours 2 boys which are 4 and 2. from then i was so depressive and i m still recovering. my concern is that the jobcenter just refused to give me JSA and asked me to contact the home office. what i did. the woman on the phone told me to resubmit a fresh application for retained rights of residence. and to be honest i don t know where to start. so i would like your advise and support on what to submit as documents she was not explicit. will it take up to 6 months as well? i travel so often to france because of my family in law wishing to see the boys. will i have an difficulty one day on the UK gates? I never had problems before. if i reapplied how lond will it take?? please help me i m confused. my boys are also french. im from senegal.
EUsmilleWEallsmillle, Jango and others i need your help please
Posted: Fri Jun 01, 2012 11:23 pm
by EUsmileWEallsmile
I am very sorry to hear your sad story.
Article 12 applies to you. You've been married for more than one year, so it appears to apply. If that is the case, your rights of residence do not appear to be affected.
However, if you wish to obtain an independent right of permanent residence you would need to be a worker, student or self-employed person. There is a difference between the two.
It's a little late this evening and this is not something that I am intimately familiar with, but please read article 12 of the directive.
Posted: Fri Jun 01, 2012 11:43 pm
by incognito2012
EUsmileWEallsmile wrote:I am very sorry to hear your sad story.
Article 12 applies to you. You've been married for more than one year, so it appears to apply. If that is the case, your rights of residence do not appear to be affected.
However, if you wish to obtain an independent right of permanent residence you would need to be a worker, student or self-employed person. There is a difference between the two.
It's a little late this evening and this is not something that I am intimately familiar with, but please read article 12 of the directive.
many thanks i hope tomorrow you will come out with fresh ideas for me. can you please send me the link?
Posted: Sat Jun 02, 2012 12:06 am
by EUsmileWEallsmile
Posted: Sat Jun 02, 2012 6:32 am
by incognito2012
YOUR ARE A GENIUS
Posted: Sat Jun 02, 2012 2:24 pm
by EUsmileWEallsmile
The 2006 regulations say this.
“Family member who has retained the right of residence”
10.—(1) In these Regulations, “family member who has retained the right of residence” means,
subject to paragraph (8), a person who satisfies the conditions in paragraph (2), (3), (4) or (5).
(2) A person satisfies the conditions in this paragraph if—
(a) he was a family member of a qualified person when the qualified person died;
(b) he resided in the United Kingdom in accordance with these Regulations for at least the
year immediately before the death of the qualified person; and
(c) he satisfies the condition in paragraph (6).
and this
10 (6) The condition in this paragraph is that the person—
(a) is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).
and this
Extended right of residence
14 (3) A family member who has retained the right of residence is entitled to reside in the United
Kingdom for so long as he remains a family member who has retained the right of residence.
Posted: Sat Jun 02, 2012 2:45 pm
by EUsmileWEallsmile
You could also read this guidance, go to page 38
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The guidance along with the regulations imply that they would expect you to be a worker or self-sufficient person to retain rights of residence.
Posted: Sat Jun 02, 2012 2:59 pm
by incognito2012
EUsmileWEallsmile wrote:You could also read this guidance, go to page 38
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
The guidance along with the regulations imply that they would expect you to be a worker or self-sufficient person to retain rights of residence.
be a worker or self-sufficient at the moment i apply or seen the EEA passed away? thanks
Posted: Sat Jun 02, 2012 3:07 pm
by EUsmileWEallsmile
I hope someone with more experience in this area can give you some more guidance.