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Eea4 community order

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

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

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markyk
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India

Eea4 community order

Post by markyk » Sun Jul 10, 2016 10:57 am

Hello everyone,
I am a non eea national married to a eea national since jan 2012 , recently i had a very unfortunate incident, me and my wife had an argument and i was arrested for domestic voilence(i am completely ashamed of it), i accepted my guilty and was sentenced for community service. Since then me and my wife have been back to terms and are happily together. Since my eea4 is due to be applied in jan 2017, i was wondering will this issue create a negative impact on my application.please advice as i am in sheer need of help.. many thanks in advance.................

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Eea4 community order

Post by noajthan » Sun Jul 10, 2016 11:07 am

markyk wrote:Hello everyone,
I am a non eea national married to a eea national since jan 2012 , recently i had a very unfortunate incident, me and my wife had an argument and i was arrested for domestic voilence(i am completely ashamed of it), i accepted my guilty and was sentenced for community service. Since then me and my wife have been back to terms and are happily together. Since my eea4 is due to be applied in jan 2017, i was wondering will this issue create a negative impact on my application.please advice as i am in sheer need of help.. many thanks in advance.................
Unlike naturalisation (which is governed by different UK law), there is no good character component to an application for confirmation of PR.

Any questions on such matters in the current PR application form go above and beyond what is required by EU law.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

markyk
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Posts: 23
Joined: Sun Apr 01, 2012 2:12 pm
India

Re: Eea4 community order

Post by markyk » Tue Jul 19, 2016 9:26 am


Unlike naturalisation (which is governed by different UK law), there is no good character component to an application for confirmation of PR.

But in my case then custodial order was less than a year of me applying for eea4 ; will this affect it in any case

markyk
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Posts: 23
Joined: Sun Apr 01, 2012 2:12 pm
India

PR Eligibility

Post by markyk » Sun Jan 15, 2017 11:19 am

Dear All ,
I would be grateful to all if you help me say that if i am still eligible for PR or should i apply for ROR.i am. Non Eea national got married to a eea national in Jan 2012. All was well we were happy till june 2016 .when i got sentenced for domestic voilence(which i am still ashamed off). I am not living with my wife since 6 months but still married.
I will complete 5 years of marriage on 27 jan but have cohibitted with my wife 4.5 years ,with my wife working all they way till now..
Please help me guide what should i do should i apply for PR or apply ROR???

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: PR Eligibility

Post by noajthan » Sun Jan 15, 2017 11:44 am

PR. Co-habitation is not necessary.
And you are not eligible for ROR as you are not divorced.

Good luck.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

markyk
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Posts: 23
Joined: Sun Apr 01, 2012 2:12 pm
India

Re: PR Eligibility

Post by markyk » Sun Jan 15, 2017 12:11 pm

noajthan wrote:PR. Co-habitation is not necessary.
And you are not eligible for ROR as you are not divorced.

Good luck.
Thanks for your reply but recently the gov website says you are eligible if both
:
You have lived with your eea national for 5 years in uk
:your eea national was a qualified personal

Many thanks

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: PR Eligibility

Post by noajthan » Sun Jan 15, 2017 12:45 pm

markyk wrote:
noajthan wrote:PR. Co-habitation is not necessary.
And you are not eligible for ROR as you are not divorced.

Good luck.
Thanks for your reply but recently the gov website says you are eligible if both
:
You have lived with your eea national for 5 years in uk
:your eea national was a qualified personal

Many thanks
Eligible for what?

You are eligible for PR - as advised above. And you are not even restricted from applying for confirmation of PR due to fact of not co-habiting.

However ROR only comes into picture if divorced and you have said you are not.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

markyk
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Posts: 23
Joined: Sun Apr 01, 2012 2:12 pm
India

EEA PR -most difficult situation

Post by markyk » Sat Jan 28, 2017 12:00 pm

Please i would like all senior members to help me...if you look at my history i always had issues with my past application..this time round i want genuine support from members like you have always done..
I got married to my wife on 27/1/2012 all went well till june 2016 where i did a domestic violence and i got sentenced community service and restrained from contacting my wife for 3 year... i am still married but can see my wife or else i will go court if i do... now please i need help is to what visa to apply PR OR PR baes on ror orRor with wat ever my documents i have.. i amsure my case wpuld go in appeal .. please advise as i dunno what to do

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Casa
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Re: EEA PR -most difficult situation

Post by Casa » Sat Jan 28, 2017 1:48 pm

Very difficult as you are required to submit evidence that your wife has been exercising her Treaty rights when you apply for ROR. You may have blotted your copy book with your Court conviction and the no contact order due to DV. :|

Maybe best to have Plan B for life outside of the UK.

Edit: You should also be aware that a non-custodial sentences which occurred within the last 2 years will also not be in your favour for obtaining ROR.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

markyk
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Joined: Sun Apr 01, 2012 2:12 pm
India

Re: EEA PR -most difficult situation

Post by markyk » Sat Jan 28, 2017 2:08 pm

Respect your answer...

markyk
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Posts: 23
Joined: Sun Apr 01, 2012 2:12 pm
India

Re: EEA PR -most difficult situation

Post by markyk » Thu Oct 26, 2017 5:06 pm

Casa wrote:
Sat Jan 28, 2017 1:48 pm
Very difficult as you are required to submit evidence that your wife has been exercising her Treaty rights when you apply for ROR. You may have blotted your copy book with your Court conviction and the no contact order due to DV. :|

Maybe best to have Plan B for life outside of the UK.

Edit: You should also be aware that a non-custodial sentences which occurred within the last 2 years will also not be in your favour for obtaining ROR.
Me Casa i did my PLAN B as per you and trusted my gut feeling and finally got my PR today

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