PR or Long Resisdance 10 years

[cdyz5]

Hello All.
I shall really appricaited if some one can help me.
here is my histroy.

19-12-2003
came to uk on student visa

2010
Granted PSW visa

2013
I sumbit EEA applicantion and i was granted visa to data 2018

meanwhile in 2012 i had my first baby boy and in 2013 had second and in 2015 third child.

my partner only worked in 2012 April to 2013 November. after that i alway work

now at present i am working full time and my partner stay house and look after kids, i wanted to apply the long resisdance but i noticed in the form also they asking for EEA. my wife is not doing no job. what are the option i have please.

please guide me.

[noajthan]

If you mean you are on (or have spent some time on) EU migration route, who is the Union citizen sponsor here?

Is the sponsor exercising treaty rights?
Is sponsor an A8 national?
Has sponsor ever been a student in UK?

Are you EEA or non-EEA?

Are you married or unmarried (you mention a partner and mention of a wife)

Have you or sponsor enjoyed any prolonged absences from UK?

[Obie]

You may have qualified for Long residence in 2013, but if it is the case that your wife did not have medical insurance for time she was a stay at home mum, then you may well have lost that right to ILR, as after your 10 years had been acquired you were not a person whose EEA spouse had been continuously exercising Treaty rights up to the point at which Long residence is claimed.

[cdyz5]

Hello Obie,
kinldy could you advise what option i have now.
1 option i was thinking what if if i set my wife as self employer now to until 2018 this is the time when my (visa) is due.
2. what else i can do please advise. please note i am full time employee.


Kind Regards,
cdyz5

[Obie]

Hello Obie,
kinldy could you advise what option i have now.
1 option i was thinking what if if i set my wife as self employer now to until 2018 this is the time when my (visa) is due.
2. what else i can do please advise. please note i am full time employee.


Kind Regards,
cdyz5

You will continue to be able to reside, until when you UK departs from the EU, subject to any arrangements that will be made.

Get medical insurance at the very least.

[cdyz5]

Hello Obie,
When you said medical Insurance are you talking about the EEA medial card or a private medical insurance? Also do i need to get this insurance for my kids too and including me in it. Remember i am a non-eea family member (from common wealth) so does this apply to me.

Also please advice going self-employed now to until 2018 this is when my visa is due for renewal. Will home office not ask us why the eea national was not exercising her treaty rights? ( I mean the gap period July 2014 to present day this day). Also will it be better to go self employed or finding a part time job for example 8 hour on Saturday or Sunday.

Also to add i checked my wife wage slips she started job in May 2012 to July 2014. But she was on maternity leave during in these years.

I shall really appreciate if you put more light on my case.

[secret.simon]

Just to clarify, your stay-at-home wife is a non-British EEA citizen, is that correct?

If so and she wishes to exercise treaty rights as a self-sufficient EEA citizen, you need CSI (comprehensive sickness insurance aka private health insurance) for all non-British members of your family (i.e. yourself, your wife and if the children are non-British then them as well).

Alternatively, she can be a job-seeker (for no more than six months) or can work part-time so long as her work is "genuine and effective" and not "marginal and ancillary".

Remember that under EEA Regulations and EU law, it is five continuous years of the EEA citizen exercising treaty rights required for PR. If she takes a break, the clock resets back to zero.

[cdyz5]

Thank you very much for your reply. just to mention here when in 2012 i applied my EEA visa I did not have the (comprehensive sickness insurance aka private health insurance) at that time. also at that time we had our first baby and was also not covered in (comprehensive sickness insurance aka private health insurance) because i never had it.
all i showed at that time were my wife job contract letter, wage slip, tency aggrement and joint bank account and the baby birth certificate.

I also advise my wife to go today at job centre and to look for part time job. mean while i am also looking for self employ option too.

just a more one more question if worst come if HO refuse to extend my visa in 2018. than can i go back to lituania as my wife is from there with kids. do i need a visa for lithuania ??

[Obie]

If UK does leave the EU, I am not sure Surinder Singh will apply and therefore I don't think your wife can return with you to Lithuania under EU law.

If you make a familial choice that your wife can be a stay at home mum, that us fine, provided you hold a comprehensive sickness insurance.

[cdyz5]

Hello Obie.
i am just confused. so just to summarize what you mention and what i get in my head.

if i am working full time and if i have a (comprehensive sickness insurance aka private health insurance) for my family, including wife and kids than there is no neeed for my wife to look for work?
is that correct... please advise?

i hope you understand what i mean.

[Obie]

Yes that is my view.

Provided of course you are earning sufficiently for you and your wife not to be a burden on state resources or funds.

[cdyz5]

thank if i follow this comprehensive sickness insurance aka private health insurance can i then apply the ILR next year?

[Obie]

For the reasons that I had given in my previous replies, ILR next year will be tough.

[cdyz5]

Thank you very much. you were very helpful. actually everyone here is helpful.

[Obie]

How about the issue of your wife's previous marriage? were you able to get a divorce.

[cdyz5]

wow. you still remember that
we file the case via solicitor it more than 1 and a half now. The solicitor send bailliff many time to the address the one we knew but no sucess. we also do not no the where about of this person is.
i was also thinking to get our marriage register in council but they ask if the person is married before. how about if we tell them it was a shame marriage. actually it was the other guy used my wife as a ticket to come here. (also please note, we are living together but not married according to English law).

-I beleive my case is quite complex.
-EEA partner not exerciseing her right almost 2years now.
-i am working full time job.
-living since 2003 but never applied ILR i beleive it is my lazyness and now have to pay the price.
-no medical insurce etc.

[Obie]

Well it depends on the grounds of divorce.

Desertion is a grounds of divorce and so is 5 years separation.

Had your lawyer invoked those basis, it would have been immaterial, even if he refused to sign the acknowledgement of service.

My other concern is that it appears that there is a gap between you leave expiring in November 2012 and the grant of leave.

As an unmarried partner, the cases are not a straightforward as a Married partner.

[cdyz5]

it is now 6 years. the lawyers invite us every 6 month and tell us the progress. last time the lawyer mentioned he will take this to court and ask for divorce as we tried everything.
tell the court that we tried all means but no success.
now its a wait game. i was thinking what if i take a date from council to register our marriage. if they asked if
any of us married before we can tell them the shame marriage? please advise on this.

also to let you know in 2011 we mentioned the home office about this fake marriage and home office send us a acknowledgment letter to us.
when i applied visa in 2012 i enclosed that letter in my file for visa case office.

i really appreciate you concern for my issue please advise what is the best solution for me here.

[CR001]

You cannot get married until your spouse is divorced, regardless of whether it was a sham marriage or not.

[cdyz5]

thanks CR001 appriciated for your feedback.

[CR001]

If your spouse has been separated for 5 years, then she can do the divorce herself without the other spouse's signature or consent. I suspect this solicitor might have been stringing you along at a cost of course.

[cdyz5]

Yes thats correct she is living with me and it been 6 years now. in these 6 years we have 3 kids. Also to note that their marriage was not register in UK.

[cdyz5]

Dear Member,
I shall really appriciated if you people put some more light on my case please.

1. As things stand my parnter not working (not exersing treaty rights) and looking after 3 Kids at home. last time she worked was from 2010 to 2014. she is from EEA.

2. I am working full time, i do not have CSI to cover my kids and my partner.

3. My visa renewal is in 2018. if my partner start work now (looking for jobs) to my visa extenstion 2018 will i get my visa extention in 2018 (i am on EEA family visa at the moment). if she does not work/or can not find a job shall i get them all CSI insurace. if so between 2014 to present day when my partner is not working and looking after kids then where i stand in this period no Medical Insurace can Home Office make this gap a big issue and refuese my visa in 2018.

4. worst come to wosrt. will Home office ask me to leave the country. if than can i go to another EU country with my family or i have to go back to my home country?

[Richard W]

3. <snip> if so between 2014 to present day when my partner is not working and looking after kids then where i stand in this period no Medical Insurace can Home Office make this gap a big issue and refuese my visa in 2018.

You could be prosecuted for illegal working and all your earnings since 12 July 2106 could be confiscated as proceeds of crime. I don't believe you could be removed from the UK under the EEA Regulations simply because of past illegal working.

However, there is the problem of making your partner a qualified person. While obtaining CSI for the family goes part of the way to making her self-sufficient, you need savings or lawful income (or a combination) to make her self-sufficient. Your earnings are currently not lawful income, as your partner is not a qualified person.

One solution might be for her to travel to and return from another EEA country once you all have CSI. She would then be resident under the initial three month rule, which would make your earnings lawful income, so she would instantly become a qualified person! The risk is that the SSHD would then decide that it would then be proportionate to remove your partner for abusing the right to reside. I don't believe it would be proportionate.

4. worst come to wosrt. will Home office ask me to leave the country. if than can i go to another EU country with my family or i have to go back to my home country?

In principle, yes. However, you would need to check the individual countries' definitions of 'durable partner' if you are still not married to your partner. Her undissolved marriage might be a problem.

[cdyz5]

You could be prosecuted for illegal working and all your earnings since 12 July 2106 could be confiscated as proceeds of crime. I don't believe you could be removed from the UK under the EEA Regulations simply because of past illegal working.

In that case if i break the law will they not trail me and sent me to Jail?