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EEA family member - please help

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loyaltyuk
Newly Registered
Posts: 3
Joined: Wed Sep 03, 2008 2:47 pm

EEA family member - please help

Post by loyaltyuk » Wed Sep 03, 2008 2:52 pm

Hi All
Before I came to this forum asking for help, I have exausted all other channels in which i believed to get accurate help, including consultations with immigration solicitors. I have discovered this forum through a friend's recommendation, and I am confident that someone somehow will give me the right direction to follow in order to anser some questions, here is my case.

I am a non eea member, I have entered the uk in 1997 as a student, in 1999 I got married to an EEA member, i was issued a 5 year visa. the marriage relationship went downwards with my step parents interferring, we decided with my wife to separate in 2001, however without my consent an knowledge my wife's parents have filed in a divorce proceedings, and a divorce was pronounced in 2002 in my absence. My wife have kept it secret from me, and when I wanted to apply for ILR in 2004, i discovered that the divorce was pronounced. I have explained the situation to the home office, and their reply was for me to leave the uk within 1 month, on the grounds that i have overstayed and did not notify the HO after I separated from my wife. I did not fight this decision, therefore I left the country in 2004 for a period of 11 months.

In 2005 I got married again with an eea member, from the new members states, and came back to the uk as an eea family member later that year, i was issued with a six months visa to enter the uk, then renewed it to a 1 year visa to allow my partner to register under the workers registration scheme, and then after the expiry of the 1 year visa I was issued a 5 year visa. I now have been married for 3 years and lived in the uk with my wife for 3 years. My wife starts to showing negative signs about our marriage, and she believes that our relationship cannot last forever, due to culrural clashes, she then suggested to get a divorce. the proceedings have not started as yet, but i believe it will be a matter of time.
All the time i have lived in the uk, i have been either working or studying, don't have any criminal record or any other problem with the uk's authorities. Both my marriages were on the grounds of Love. I am finding myself in the same situation again , where my life depends on my other half, this is not fair. Please advise how will it be possible for me to
keep my right of residence in case of a divorce?

Your help will be much appreciated.
Many thanks

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Wed Sep 03, 2008 3:26 pm

If the marriage had lasted 3 years at the time it broke down you would retain the right of residence.

loyaltyuk
Newly Registered
Posts: 3
Joined: Wed Sep 03, 2008 2:47 pm

just to make sure that i ..

Post by loyaltyuk » Wed Sep 03, 2008 3:43 pm

Cheers UKBAbble for your reply. It sounds too simple, too good to be true. I'm not saying i don't believe your statement, but I'd really appreciate more details, and where did you find this information,

many thanks

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: just to make sure that i ..

Post by 86ti » Wed Sep 03, 2008 4:34 pm

loyaltyuk wrote:Cheers UKBAbble for your reply. It sounds too simple, too good to be true. I'm not saying i don't believe your statement, but I'd really appreciate more details, and where did you find this information,

many thanks
Chapter 2, 6.1 in the ECIS.

UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Re: just to make sure that i ..

Post by UKBAbble » Wed Sep 03, 2008 7:11 pm

86ti wrote:
loyaltyuk wrote:Cheers UKBAbble for your reply. It sounds too simple, too good to be true. I'm not saying i don't believe your statement, but I'd really appreciate more details, and where did you find this information,

many thanks
Chapter 2, 6.1 in the ECIS.
Yes indeed. :)

loyaltyuk
Newly Registered
Posts: 3
Joined: Wed Sep 03, 2008 2:47 pm

thanks for the help

Post by loyaltyuk » Thu Sep 04, 2008 5:03 pm

Thanks UKBAbble and 86ti for your help. you're champions!

jude
Junior Member
Posts: 95
Joined: Thu Sep 25, 2008 10:39 am
Location: Reading

Re: thanks for the help

Post by jude » Tue Oct 28, 2008 6:41 pm

Hy Mate ,
What document did you sent to the HO to apply for your PR during your first marraige? Do you need to inform them when you get devorce? Can you give us more information ?
hallo

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