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eea 2006 reg. grey area

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bebe2
Member
Posts: 189
Joined: Fri Jul 25, 2008 5:08 pm

eea 2006 reg. grey area

Post by bebe2 » Fri Oct 31, 2008 9:57 am

hi all
just want a clear perspective on the eea 2006 regulation.
i have neen married to my husband for over five years, got my eea permit nov 03 . the marraige finally broke down in april and we separated.
i filed for divorce in august and only got my decree nissi last week . by nov this year my residence card expires and the decree absolute is not due for about 2months.
my question is couldnt the home office refuse my pr saying that at the time my rc expired i was still a family member of the eea? thereby withdrawing my right.
hi
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: eea 2006 reg. grey area

Post by 86ti » Fri Oct 31, 2008 10:19 am

bebe2 wrote:hi all
just want a clear perspective on the eea 2006 regulation.
i have neen married to my husband for over five years, got my eea permit nov 03 . the marraige finally broke down in april and we separated.
i filed for divorce in august and only got my decree nissi last week . by nov this year my residence card expires and the decree absolute is not due for about 2months.
my question is couldnt the home office refuse my pr saying that at the time my rc expired i was still a family member of the eea? thereby withdrawing my right.
The RC itself may expire but not your rights. If you are still considered a family member until November then you obviously have been married to your EEA husband for the full five years. If all other conditions for PR are met I don't see a problem here.
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vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Fri Oct 31, 2008 10:19 am

See also European Casework Instructions > Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (6.1 Those retaining a right of residence following divorce or annulment of marriage / dissolution of Civil Partnership).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.
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86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Oct 31, 2008 10:22 am

vinny wrote:See also European Casework Instructions > Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (6.1 Those retaining a right of residence following divorce or annulment of marriage / dissolution of Civil Partnership).
And the 3 year rule of course...
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juicybiscuit
Newbie
Posts: 33
Joined: Thu Nov 06, 2008 5:18 pm

Post by juicybiscuit » Thu Nov 06, 2008 5:50 pm

See my post for similar situation:

http://www.immigrationboards.com/viewtopic.php?t=32443
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