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If someone has EEA family member permit can he apply
Posted: Tue Mar 14, 2017 11:59 pm
by Youngbeard
If someone has EEA family member permit can he apply on retained rights?
I have EEA permit and married to EU wife but was married before and divorced after 3 years of marriage.
My question is can I apply on retained rights basis as I have been married for 3 years and if I get all relevant papers whilst having already EEA family permit. Would I be allowed to do so?
And when could I apply for indefinite stay then?
Thanks for your help guys
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 12:43 am
by Youngbeard
Is everyone asleep?
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 1:09 am
by vinny
Do you mean that you have
retained rights of
residence from a previous marriage, to an EEA citizen, but are now married to a different EEA citizen?
What have you been doing since after the divorce?
Did you get an EEA family permit based on your current marriage?
See also similar
case.
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 2:16 am
by Youngbeard
I mean after the divorce I got married and applied and was granted a new visa on the basis of new marriage.
I do hold a new valid EEA family member permit.
My idea is to try to get all the paperwork from my ex wife and to apply for retained rights.
We divorced in 2014 since then I met new spouse and we have a lovely daughter and I got new EEA family permit based on new marriage.
Do you think I could apply on RETAINED rights basis referring to old marriage?
Thanks very much
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 3:20 am
by Youngbeard
Hi is everyone asleep ?
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 5:55 am
by vinny
Youngbeard wrote:Hi is everyone asleep ?
Why aren't you?
Youngbeard wrote:Do you think I could apply on RETAINED rights basis referring to old marriage?
Yes, subject to
satisfying Regulations
10(5) up to
15.
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 4:37 pm
by Youngbeard
Guys so would i be able to apply if that what I understood?
Also if I do not have a job now? 7 years after we married and 3 years after the annulment of marriage?
I do not have a job myself at present ( I thought that I also should be employed??)
But my ex wife has a full time job until now.
ALSO if I were to send the documents in to process the application can I request to return my passport and Family permit so I could travel??
Thanks
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 6:01 pm
by Youngbeard
Hey guys anyone knows that please?
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 6:43 pm
by Youngbeard
Youngbeard wrote:If someone has EEA family member permit can he apply on retained rights?
I have EEA permit and married to EU wife but was married before and divorced after 3 years of marriage.
My question is can I apply on retained rights basis as I have been married for 3 years and if I get all relevant papers whilst having already EEA family permit. Would I be allowed to do so?
And when could I apply for indefinite stay then?
Thanks for your help guys
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 8:40 pm
by secret.simon
Patience is a virtue and I would highly recommend that you cultivate it.
When somebody with an answer comes along, s/he will answer it. If it is not being answered, either people do not have the answer or are busy or are asleep.
Re: If someone has EEA family member permit can he apply
Posted: Wed Mar 15, 2017 11:59 pm
by vinny
I think your ex wife's working after the divorce is irrelevant. It's her activities during the marriage until the divorce that's important. But your activities after the divorce may be relevant under
10(6), which is required under 10(5)(c ).
Re: If someone has EEA family member permit can he apply
Posted: Thu Mar 16, 2017 4:09 pm
by Youngbeard
So If I am applying on retained rights, in my case would part time employment be sufficient ?
Or it would have to be full time?