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How could possibly live EU and non EU sitizens in UK after s

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé | Ancestry

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Mon Sep 21, 2009 2:30 pm

Just to add, say you apply for PR in 2011, you will either need to provide evidence that she was exercising treaty rights immediately before your divorce or she was exercising treaty rights and living with you up to the period leading up to your 5 years stay in the UK.

When non-EEA family members enters the UK independently, they are usually asked about their EEA family members and whether they are still exercising treaty rights in the UK. In event of your wife leaving the UK that could be problematic. You might find yourself having to prove to them that you are a non-EEA family member retaining his rights of resident in the UK. Imagine the hindrance you might have to endure, the possible detention you might face for them to establish this.

You have to keep evidence she was exercising treaty right before you separated for another 2 years. What if a tragic event happen over that period and hence you are unable to provide it, this could be a problem too.

For peace of mind , and to ensure that come 2011, you will only be required to furnish evidence about your activity in the UK rather than your EX partner, i will recommend having the retention brought to their knowledge, and living with the peace of mind that you are in the UK in your own rights and the authorities are perfectly aware.

Then again i might be wrong on that. That is my take anyway.

That is what i would do, to prevent myself facing harassment, intimidation or embarrassment from UKBA staff at the airport or in other settings or circumstances.

It is similar to the Resident Card application, you are not oblige to apply for it, however the onus is on you the beneficiary to prove that you benefit from freedom of movements right.
Last edited by Obie on Mon Sep 21, 2009 2:41 pm, edited 1 time in total.
Smooth seas do not make skilful sailors

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Mon Sep 21, 2009 2:37 pm

Obie, I can't argue with any of that. It might make sense once the Decree Absolute has been issued, to apply for another RC.

All I would add is that I don't think it is compulsory to make that application, and the existing RC continues to be valid, even after the divorce.
John

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 12:17 pm

Post by denispearl » Mon Sep 21, 2009 3:26 pm

Obie wrote:Just to add, say you apply for PR in 2011, you will either need to provide evidence that she was exercising treaty rights immediately before your divorce or she was exercising treaty rights and living with you up to the period leading up to your 5 years stay in the UK.

When non-EEA family members enters the UK independently, they are usually asked about their EEA family members and whether they are still exercising treaty rights in the UK. In event of your wife leaving the UK that could be problematic. You might find yourself having to prove to them that you are a non-EEA family member retaining his rights of resident in the UK. Imagine the hindrance you might have to endure, the possible detention you might face for them to establish this.

You have to keep evidence she was exercising treaty right before you separated for another 2 years. What if a tragic event happen over that period and hence you are unable to provide it, this could be a problem too.

For peace of mind , and to ensure that come 2011, you will only be required to furnish evidence about your activity in the UK rather than your EX partner, i will recommend having the retention brought to their knowledge, and living with the peace of mind that you are in the UK in your own rights and the authorities are perfectly aware.

Then again i might be wrong on that. That is my take anyway.

That is what i would do, to prevent myself facing harassment, intimidation or embarrassment from UKBA staff at the airport or in other settings or circumstances.

It is similar to the Resident Card application, you are not oblige to apply for it, however the onus is on you the beneficiary to prove that you benefit from freedom of movements right.
Ok. In case of dramatic accident is happend and I lost all documents would the HM kind enough and give a call to Work Department or something like that to proove that my wife worked or still working in the UK?
is that a problem to find the information for them? If you working in this country I do believe records are kept. You have to pay taxes or taking or took benefits. Im I right?
Or HO would not care and live me with that problem on my own?
Thanks

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 12:17 pm

Post by denispearl » Thu Sep 24, 2009 2:00 pm

Any reply? Thanks

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 12:17 pm

UPDATE.

Post by denispearl » Fri Jan 22, 2010 3:40 pm

Thank you for help
Last edited by denispearl on Wed Mar 10, 2010 9:59 pm, edited 1 time in total.

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 12:17 pm

Small question. About passport and pages for visas.

Post by denispearl » Wed Mar 10, 2010 9:50 pm

Ive got passport unfortunatelly pretty full with visas. Ive got one blank page left and also ive got one blank page, but with the title OTHER NOTES.

1. Would one blank page be enough to put Permanet Residency stamp in my passport?
2. If not - Could HO use OTHR NOTES page???

Thank you
Denis

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 12:17 pm

Scary news

Post by denispearl » Tue Jan 04, 2011 10:20 pm

Hi there. JUst want to thank you very much for your help before!!!!


Just a little update!
FEw questions:
.

is the directive 13 EU "3 years been married and one year living in the UK" still works?

We were living with wife separetly but married untill now, but today she discovered this:
UKBA web site clearly states this:
"Non-European partners of European citizens

If you are a national of a country outside the European Economic Area (EEA) or Switzerland, and you have come to the UK with an EEA family permit as the partner of an EEA or Swiss citizen, you must leave the country if your relationship with that person ends."

Is it against EU directive or just an old website?


Also she is found out on same website that spouses which are UK citezens or settled here should inform HO about separation. IS it for EU non EU couples as well?? should she or me inform UKBA about separation?

Thank you. Your help is more then much appreciated

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