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Non EEA family member

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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Sisi2014
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Retain right of residence

Post by Sisi2014 » Sun Jan 29, 2017 9:36 pm

Hello all,

I'm a non-EEA national who has EEA family member residence card.
The situation is that my wife has left the UK and I want to retain my rights.....we are married for 7 years by now, we are still in relationship, but for life difficulties she has decided to move back home few weeks ago. She has been in employment in the UK since 2012 till 2014 then was on maternity cover, then stayed at home mom with child tax and child benefit. We have lived together in the UK for more than 3 years together, and I'm employed as well.

My questions are:

-What application form do I need to submit?
-I have submitted all paperwork to home office, Do I have to submit all originals again?
-what is the timeline for the application?
-What do I need to submit as a proof that she has left the UK?


Many thanks in advance for your help

Obie
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Re: Retain right of residence

Post by Obie » Sun Jan 29, 2017 9:47 pm

You are likely to be refused.

You cannot retain a right of residence as you are still married. Your wife has left the UK and she has not worked in the UK for 5 years. Therefore applying is not a good idea.
Smooth seas do not make skilful sailors

Sisi2014
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Posts: 3
Joined: Sat Jan 28, 2017 4:32 pm

Non EEA family member

Post by Sisi2014 » Thu Feb 23, 2017 5:24 pm

Hello all,

I would like to ask you, please to tell me
What application form is needed to retain right of residence ?
Is it EE2 or EEA3 or any other ?



Many thanks

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CR001
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Re: Non EEA family member

Post by CR001 » Thu Feb 23, 2017 5:35 pm

Did you read Obie's advice given on 29th January?

If your spouse has left the UK and you are still married you cannot retain rights of residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Sisi2014
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Posts: 3
Joined: Sat Jan 28, 2017 4:32 pm

Re: Non EEA family member

Post by Sisi2014 » Fri Feb 24, 2017 12:01 am

CR001 wrote:Did you read Obie's advice given on 29th January?

If your spouse has left the UK and you are still married you cannot retain rights of residence.

I did, just wanna know what application is needed for this particular case.

Regards,

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Casa
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Re: Non EEA family member

Post by Casa » Fri Feb 24, 2017 8:02 am

Sisi2014 wrote:
CR001 wrote:Did you read Obie's advice given on 29th January?

If your spouse has left the UK and you are still married you cannot retain rights of residence.

I did, just wanna know what application is needed for this particular case.

Regards,
There isn't one. :idea:
(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.

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