non EEA National Urgent Help needed!!!

[Ferdinand1983]

I desperately need help and advice.

I am a non-EEA National who came here in 2007 on an EEA Family Permit which expires in May 2013. My relationship with that person has broken down and we are divorced but have a child together for which I pay maintenance monthly.

I am now in a stable relationship with another EEA National (Latvian) who lives in the UK with me and we also have a child together and intend to get married as soon as we can afford it.

I am in full-time employment and have been for 5 years, my partner however is currently a home-maker due to the fact that we both decided it would be better for our son if she would stay with him rather than stick him in a nursery.

As my original residency permit from the first marriage is nearing it's expiry date I do not know what to apply for to remain in the UK with my family.

Can someone please help me as I am running out of ideas. . . I've been to a so-called Immigration Solicitor and was told to simply apply for permanent residence but there are about 5 different applications forms and each of them seems to be for a different reason.

Should I apply under application EEA4 Permanent residence (non-European family members of EEA or Swiss nationals)

[Obie]

Firstly, you will need to ascertain whether you retained your right of residence on termination of your marriage. This will only be possibile, if you can show that your ex wife was a qualified person on termination of your marriage, or she was someone who had secured PR. I accept you will meet the first requirement, which is that you should have been married for 3 years.

Once you meet that requirement, you will need to provide evidence that all through out your marriage up until your divorce , your wife was a qulaified person. If this period amounts to 5 years, you will qualify for PR under Regulation 15(1b), if it doesn't, then there is an alternative avenue to secure PR, which is to show that all through your marriage, your wife was exercising treaty right, and on termination of your marriage, you were working or self employed or self sufficient. And this period collectively amount to 5 years.

At the moment, you cannot claim any rights from your new latvian girlfriend, as you are unmarried. You may succeed as durable partner, but rights don't accrue, until you have applied and succeed.
The other obstacle is that, it does not seems as if your girlfriend is a qualified person.

[Ferdinand1983]

Thanks for the reply . . . but I still don't get what I need to do to stay here?

When I joined my ex here in 2007 we were already married for 4 years but she's only been here for about 2years. We divorced in 2010 and she was in full-time employment throughout that time and still is.

Is there any way of applying to stay on grounds of having a child/children in the UK.

My partner is settled her because she has a daughter from a previous relationship that is in school in the UK ans she herself is studying ESOL.

Surely they won't ask me to leave my family behind and work and the life I've built here.

[EUsmileWEallsmile]

I would suggest that you read directive 2004/38/EC carefully and try to understand how it relates to your situation.

As other have suggested, it is possible that you have retained your rights of residence based on your first relationship.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

[Obie]

Have you got evidence of your wifes treaty rights (employment) prior to divorce.

You could apply on the basis, of your children if they are in school. I will use that as a backup. I am confident that your application might succeed, but you need to get documents from your ex wife. Is this possible?

[Ferdinand1983]

I could beg her to help me but not sure if that will help . . . she's full of scorn.
I will have to plead with her for help, hopefully she won't want to lose the maintenance money by not helping me stay here.

So if I can gather efficient documents then I might have a chance?

[EUsmileWEallsmile]

The first thing you need to do is to satisfy yourself that you qualify (read the directive). Once that's done, it's a matter of gathering sufficient evidence.

[Obie]

The first thing you need to do is to satisfy yourself that you qualify (read the directive). Once that's done, it's a matter of gathering sufficient evidence.

You may have evidence from the divorce proceedings already.

Don't allow her to make unreasonable demands before she can provide documents.

Was the maintenance assessed through the Child Support agency, or you came to a mutual agreement?

Best of luck with the evidence finding.

It may help to read aswell as suggested by my colleague.

[Ferdinand1983]

All monies are paid through CSA and I still have the documents to back that up I also have a copy of divorce papers somewhere.

Thanks for the support guys you've helped alot but I can see a struggle lies ahead but I'm ready to fight for my family.

[Obie]

Try not to worry too much.

There may be many avenue to fight this, but ask her first and see what her reaction is, and whether she intends to help.

The fact that you ended up at the CSA, indicates you relationship ended in ways that could not reasonably described as the most amicable.

Wish you all the best though.

[wiggsy]

The fact that you ended up at the CSA, indicates you relationship ended in ways that could not reasonably described as the most amicable.

do you know the kind of money people can get from the NRP via the CSA? The CSA take 15% of ALL money the NRP recieves, including money paid for the NRP's kids that live with him: Child Tax Credits etc (money paid to another child taken off that child)...

CSA just means the PWC wanted money... If the NRP leaves the country. The CSA CAN DO NOTHING... NO MORE MONEY...

This means the PWC would be insane NOT to help the NRP remain in the country.

[Ferdinand1983]

Yeah I realise all this about the CSA, they've nailed me for 15% of household weekly income which includes my partners tax credits for her daughter and our son. Totally ridiculous. My ex also cut down my visitation from fortnightly to once every other month if I'm lucky so that she can receive the higher rate.

But the good news is I text her and she replied by asking what document I need so I mayhave a shot here.

[wiggsy]

Yeah I realise all this about the CSA, they've nailed me for 15% of household weekly income which includes my partners tax credits for her daughter and our son. Totally ridiculous. My ex also cut down my visitation from fortnightly to once every other month if I'm lucky so that she can receive the higher rate.

But the good news is I text her and she replied by asking what document I need so I mayhave a shot here.

Ferdinand, I understand totally... The exact same thing happened to myself... From almost every day contact, to once a fortnight (unless she decides otherwise)...

Removal of Legal aid halted my fight in court for access... but i lodged a complaint that removal breached my right to a fair trial, and my right to family life and that of my sons right to family life... on the 16th April they sent out fresh forms for proof of income. (im really hoping legal aid will be sorted - Obviously the whole wifes situation makes things difficult, but travel from Ireland to UK to see my son wont be too hard)

LOL, what makes things worse is the fact that if you go to pay private solicitors, you cant afford it, because the little money CSA leaves you with you cant afford to scrape by with the bills

Ahh well, at least it looks like the CSA has helped at least one NRP here though - damn, never thought I'd say that