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EEA application for son

Posted: Thu Feb 02, 2012 7:47 pm
by Tyrawood
Pls i need an advice, i got married to my bulgarian husband who is self employed in 2009 and i was issued a residence card in march 2010, my husband and i had a few months separation due to some major reasons and i got pregnant for someone else but my husband and I came back after then and agreed on me keeping the pregnancy, i had the baby but i didnt put my husbands name on his birth certificate but left it blank has the father of the child is not aware of the child, i applied for a rc for my child but the HO refused because when they called the company he worked for and was told he has left so they said he is not exercising treaty right, unfortunately he only changed jobs then, his registration card was revoked because it was sent with the application, my lawyer went to the first tier tribunal and the appeal was again refused based on the fact that the HO rep does not believe that our relationship still exist and stable and that i had a child outside the marriage while still married.
what do I need to do next

UKBA

Posted: Thu Feb 02, 2012 8:21 pm
by nonspecifics
UKBA will not issue residence documents unless it is proved to them that the EEA national is exercising treaty rights.

Thus, even if you convinced them your marriage is genuine and not a sham marriage, you still would not get any residence documents without the proof of exercising of treaty rights by your EEA husband.

RE: EEA application for son

Posted: Thu Feb 02, 2012 8:43 pm
by Tyrawood
thank you for the reply, I think its best to have his registration card re-applied for as he is presently working self employed