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Please Help.

Posted: Wed Jun 09, 2010 5:04 pm
by look
Hello all,
My first application for ILR was refused because I could not proof that my ex eea wife lived with me for one year before divoiced, but I have being in relationship with another eea national and we now have a child, we are also married.Now I am makeing a new application and do not know which form to use. Please if there is any one who has being in this situation or have any advise, please shear it with us.
Thank in advance.

Posted: Wed Jun 09, 2010 5:18 pm
by Obie
Please See Applying Under European law


Use Form EEA2 and provide all the required documentation

Posted: Wed Jun 09, 2010 5:22 pm
by look
Thanks, but I was thinking i could apply for ILR since i have lived here for 6 years.

Posted: Wed Jun 09, 2010 6:08 pm
by Wanderer
look wrote:Thanks, but I was thinking i could apply for ILR since i have lived here for 6 years.
Not possible, there is 10 year legal stay, not sure if time under EEA rules counts for that tho - or 14 years any stay rule.

Posted: Wed Jun 09, 2010 7:03 pm
by Obie
If you had managed to retain your right of residence after divorce, then all your time in UK including the time you were married to your previous spouse will count, but because you were not able to provide evidence of the fact that you retained your right of residence after divorce, the clock will start ticking after your marriage breakdown. In actual fact, you could have faced removal, at the time, when the UKBA found out you don't qualify for retention of right of Residence.

You will now have to wait for 5 years or the time your relationship start with the new EEA national resident in the UK, before you can apply for Permanent Residence.

Appeal allowed.

Posted: Sat Jul 31, 2010 11:39 pm
by look
My appeal for PR in united kingdom was allowed by the first-tier tribunal. decision was received on the 15/07/10. Before I received the decision I already made a new application under eea2 with the mother of my child who is an eea national. My question is should I write to the ukba to withdraw the eea2 application, and how long will it take this time for my passport to be stamp? Thanks in advance. and thank you to every one who advised me before on what to do like Obie and wanderer. :lol: :lol:
[/list] My first application for PR was refused because I couldn't prove I lived together with my ex wife here in uk for one year.

Hi Look

Posted: Sun Aug 01, 2010 11:52 am
by Mary1
My appeal for PR in united kingdom was allowed: Congratulations sense has prevailed once again.

My question is should I write to the ukba to withdraw the eea2 application,: Seems logical as this is what you wanted in the first place

how long will it take this time for my passport to be stamp: I think when you write to inform the of the appeal decision they will issue your Pr then. I would also assume the courts gave the HO direction how to complete your case?

Mary