permenant residence

[gadda]

hi
need ur help
I am non eu member married to eu citizen 2004 been turned first time for eu family member visas (2004) but finally got in 2007 (until 2012)
-I got divorce in 2009 after 5years marriage in uk have kids wz british citizen too i want to no if i have to inform the HO for the divorce for my the wright of retention to my family member residence card or the fact i have more then 3years is enough for retention
-Can i apply now for my permenant residence if yes how can i do?
tanx all

[mrlookforward]

rcefm 2007 divorced in 2009 then got 5 yeras marriage

Its difficult to understand what you are trying to say. Can you pls try to explain a bit more clearly.

[gadda]

rcefm 2007 divorced in 2009 then got 5 yeras marriage

Its difficult to understand what you are trying to say. Can you pls try to explain a bit more clearly.

i mean am married in uk in 2004 but my first application for family member card was turned down reapply and got it 2007 ,
As u can see before i divorce i have been married 5yrs(2004 to 2009)
now can i apply for my permenat residence

[mrlookforward]

rcefm 2007 divorced in 2009 then got 5 yeras marriage

Its difficult to understand what you are trying to say. Can you pls try to explain a bit more clearly.

i mean am married in uk in 2004 but my first application for family member card was turned down reapply and got it 2007 ,
As u can see before i divorce i have been married 5yrs(2004 to 2009)
now can i apply for my permenat residence

There cant be a clear cut answer to your query. It all depends if HO recognised your rights from 2004 or not. When you were first turned down, because your husband was found not to be exercising treaty rights and in the later application your could not provide proof that he was exercising treaty rights, then you dont meet the requirements. To be honest, its just not possible to say without looking at your file and an advisor can do that. You might need to make a Subject Access Request to UKBA and establish from which date they have regarded you as spouse of an eu citizen exercising treaty rights.
In any case, do you have proof that your spouse was exercising treaty rights? If you have proof then how many years does that proof cover?

[gadda]

rcefm 2007 divorced in 2009 then got 5 yeras marriage

Its difficult to understand what you are trying to say. Can you pls try to explain a bit more clearly.

i mean am married in uk in 2004 but my first application for family member card was turned down reapply and got it 2007 ,
As u can see before i divorce i have been married 5yrs(2004 to 2009)
now can i apply for my permenat residence

There cant be a clear cut answer to your query. It all depends if HO recognised your rights from 2004 or not. When you were first turned down, because your husband was found not to be exercising treaty rights and in the later application your could not provide proof that he was exercising treaty rights, then you dont meet the requirements. To be honest, its just not possible to say without looking at your file and an advisor can do that. You might need to make a Subject Access Request to UKBA and establish from which date they have regarded you as spouse of an eu citizen exercising treaty rights.
In any case, do you have proof that your spouse was exercising treaty rights? If you have proof then how many years does that proof cover?

yes at the time of my first application he was exercising treaty wright in uk was on full time .
on the day of my wedding in2004 i was over stay an the HOagents made the raid in and arrest me before the celebration about 5days later i was release then we book an other day to get married after that i submited my application bezarre they gave my husband a residence card at that time for five years and turned mind down our lawyer lunched an appeal because the lawyer asked us to much many we could offort it strait away later from a friend i knew the charity immigration advice then i reapplied and got it in 2007.
also before i got divorce my husband got his indefinately reason why my kids have british citizen
So yes since 2003 to now my ex exerced treaty wright in uk i dont think he will gave me old pay slip but i have copy of his residence cerd for the 5 years and copy of his indefinately leave to remain also child tax and working tax award paper since 2005 me and him
tanx for replying

[ferrorolvans]

From all this ongoing discussion i want ask that can i get permanent residence in South Africa again after being out of the country for more than 8 years. My wife is a UK citizen and lived in SA for 35 years, Can she go back to SA and get permanent residence again there?

[mrlookforward]

From all this ongoing discussion i want ask that can i get permanent residence in South Africa again after being out of the country for more than 8 years. My wife is a UK citizen and lived in SA for 35 years, Can she go back to SA and get permanent residence again there?

In what way does your question relate to UK immigration?

[mrlookforward]

yes at the time of my first application he was exercising treaty wright in uk was on full time .
on the day of my wedding in2004 i was over stay an the HOagents made the raid in and arrest me before the celebration about 5days later i was release then we book an other day to get married after that i submited my application bezarre they gave my husband a residence card at that time for five years and turned mind down our lawyer lunched an appeal because the lawyer asked us to much many we could offort it strait away later from a friend i knew the charity immigration advice then i reapplied and got it in 2007.
also before i got divorce my husband got his indefinately reason why my kids have british citizen
So yes since 2003 to now my ex exerced treaty wright in uk i dont think he will gave me old pay slip but i have copy of his residence cerd for the 5 years and copy of his indefinately leave to remain also child tax and working tax award paper since 2005 me and him
tanx for replying

Before granting you "Permanent Residence" UKBA will ask you to submit that your spouse was exercising treaty rights for 5 years before you got divorced. You only have a few documents to show and they might not accept them as proper proof. But there can be another way for you. You have said that your husband got "Indefinate leave" before divorce and you have photocopy of that. I think it was "permanent residence" that your husband got because "Indefinite leave" in only issued under UK rules. Anways, now you need a good solicitor, who can force UKBA to grant you "Permanent Residence" without you showing them any proof, because UKBA already has proof on your husbands file that he exercised treaty rights for 5 years and thats why UKBA granted him Permanent Residence. You children also got British Passports and this is also further proof that your husband was exercising treaty rights for 5 years. What you need is a good immigration advisor who knows about this particular procedure. I know a solicitor who recently successfully dealt with a case similar to yours. If you want his details, send me a PM and I will give you his details. He is based in London.

[mrlookforward]

I missed something, child tax credit papers with your and your spouse's name are a very good proof.