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eea4

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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

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tontonben
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Posts: 5
Joined: Thu May 09, 2013 1:12 am
Location: london

eea4

Post by tontonben » Thu May 09, 2013 1:39 am

In 2007, i was issued with an EEA family member Residency Document because i had married an EEA citizen the previous year in 2006.
In 2008, we had a daughter who is now British citizen.
Unfortunaly, my marriage had it ups and down and my wife and I are currently divorcing.
However, in December 2012, i submitted an EEA4 application that was eventually withdrawn because my spouse asked the Home Office for her documentaion back.
The whole situation was a bit too much for me deal with and i was unfornately done for Drink Driving and this brough back my past to the forefront. In fact, a few years ago, i was an illegal immigrant and was convicted of benefit fraud, but on a diffrent name.
I left all of this behind since i got married. I am now in limbo as my employer kept asking for my Right to Work in th UK, which i can't proove since it had expired in december 2012.
In know i meet all the criterias to re-apply under the Retain Residency, but my concern are:
1 - Will I be denied Permanent Residency due to my previous and cuirrent convictions?
2 - What impact this could have an applying for British citizenship?

Any comments/guidances will be welcomed. I would greatly appreciate those from peolpe went through or are currently going throughthe same experience.

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

Post by Obie » Thu May 09, 2013 1:45 am

Sorry to hear about your situation.

Did you consent to the application being withdrawn.

Do you have evidence to confirm that your wife was exercising treaty rights at the time of divorce?

You may be alright and there is no need to worry.

You may have difficulty securing British Citizenship at this point, i will focus on gathering the necessary documents, and making an application for Permanent Residence, if you are able to obtain the relevant documents.
Smooth seas do not make skilful sailors

tontonben
Newly Registered
Posts: 5
Joined: Thu May 09, 2013 1:12 am
Location: london

Post by tontonben » Thu May 09, 2013 1:53 am

Thanks for your reply, Im loosing my sleep over this.
Yes i do have evidence, but she was also issued with a Permanent Residency in 2010.
We are in the process divorcing, so legally we are still are still married.

tontonben
Newly Registered
Posts: 5
Joined: Thu May 09, 2013 1:12 am
Location: london

EEA4

Post by tontonben » Thu May 09, 2013 1:54 am

I did not consent to the withdrawal.

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

Post by Obie » Thu May 09, 2013 2:23 am

That is really unfortunate. they should not have withdrawn it without your permission . How long have you been married for, was there any penalty for the offense, and how long was it for? did you disclose it?
Smooth seas do not make skilful sailors

tontonben
Newly Registered
Posts: 5
Joined: Thu May 09, 2013 1:12 am
Location: london

Post by tontonben » Thu May 09, 2013 2:36 am

6 years.
The Drink Driving was in Decmber 2012 a few months after I made my EEA4 application.
The benefit fraud was back in either 2001/02/02/03/04,

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

Post by Obie » Fri May 10, 2013 7:37 pm

The benefits aspect may not affect you, but you will need your wife's ID and documents, to succeed in an application under Regulation 15(1b) .
Smooth seas do not make skilful sailors

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