my eea4 application:p

hello
im a non eu came here in 2005 as the wife of german national exercising treaty rights..my mum n dad who is a european national are living here in the uk..i applied for residence card n i got it for 5 years..in 2007 i got divorced and i was still 18 years old so i applied directly as being the child of european and got another 5 years residence..my question is am i now eligible for permenant residence as by now if i combine all the years im over 6 years living in the uk as family member of european...plus my dad was beatin up very badly in the street and he had very severe injuries and had to be hospitalised and had surgeries done..and he had to stop working he calimed meanwhile for some time income support as he was not able to work even he has doctor declarations...would that make my case weak...any help is welcome thanks..oh yeah and now he is back to work already as self employed since 1 year..thnx

You have not provided a lot of detail. Although it generally sounds like you might already have PR.

When were you married?
When did you come to the UK?
When was the divorce initiated?
When was the divorce final?
When did you apply as a child?
Was your dad working from when you arrived in the UK until his injury, and when was he injured?
What have you been doing since your divorce?

See http://eumovement.wordpress.com/2011/05 ... nce-begin/ which may apply to you directly, or might be a simplification of your slightly more complex situation.

Directive/2004/38/EC wrote:You have not provided a lot of detail. Although it generally sounds like you might already have PR.

When were you married?
When did you come to the UK?
When was the divorce initiated?
When was the divorce final?
When did you apply as a child?
Was your dad working from when you arrived in the UK until his injury, and when was he injured?
What have you been doing since your divorce?

See http://eumovement.wordpress.com/2011/05 ... nce-begin/ which may apply to you directly, or might be a simplification of your slightly more complex situation.

im so confused as i asked many solicitors they r all not sure but they think that i have a very big chance...as they r not sure when the clock starts for me and if these years will be sumbed up...i got married in november 2005 n came to the uk in november 2005...the divorce was intiated in october 2007 and finalised in december 2007..i applied as a child on january 2008 got my residence march 2008...my dad was always working since he came to the uk until he got injured,,and his injury was in august 2008 but his job didnt want to keep hiring him and he had to ask for income support as he didnt get sick payments from his employer...i was studying at the university and now im on courses and im 23 years old...thnx for ur help

ayatje87 wrote:i asked many solicitors they r all not sure but they think that i have a very big chance...

What exactly did the different solicitors say?

You do not seem to have retained a right of residence after the divorce, since you were married less than 3 years when divorce started.

When did your dad come to the UK?

Directive/2004/38/EC wrote:

ayatje87 wrote:i asked many solicitors they r all not sure but they think that i have a very big chance...

What exactly did the different solicitors say?

they said that since i wasnt married for 3 years it might be that these 2 years doesnt count in the clock of my staying here in the uk...but i always asked back at that time i was eligible in both ways as my dad was here same time i came to the uk..so i could have applied either way via my hubby or via my dad...and even after divorcement i didnt break the law to stay here as my dad was already here....

You do not seem to have retained a right of residence after the divorce, since you were married less than 3 years when divorce started. yes exactly

When did your dad come to the UK?

he came same just couple of months later beginning of 2006

I am not a lawyer, and this is not a professional opinion. And it is an interesting case.

You are not required to have a Residence Card and similarly not required to have a Permanent Residence.

And related to that, you are also not required to "declare in advance" who your EU family member is. What is key is that you have the required family member who is in the UK legally (working or studying or...)

So your married time should count. That would be time with a German spouse (EU) family member.

And similarly any time after your dad arrived (in 2006) should count. That would be time with a XXX father (EU) family member. (It is fine that you were also married to an EU citizen at the time. You can be married to an EU citizen and the child of an EU citizen at the same time!)

How long after the attack did your father start working again?

thats what i was thinking but now as u tell me that it should count i feel happy...as i find my case very rare...u know i gave the eu enquiries line a call and i asked the home office and they had to let me wait like 10 minutes to double check and she said that she think yes my years with my ex hubby should count...i was happy but she said we can never be sure until we see ur papers..but do u advice me to use a solicitor??my dad started working 10 months after...thnx so much