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Please Help! Needed (i'm lost)
Posted: Sun Jul 28, 2013 2:44 pm
by josh06
Hi to all,
Just want to ask your opinion and any advice will be appreciated. As I got a complicated and tragic thongs happened.
I've been in UK for nearly 6 years now.
Spent 2.5 years as a tier 4 student visa
Spent 3 years as tier 2 skilled migrants.
Before my tier 2 expired we applied for EEA2 RC of an EU national as unmarried partner. It was granted
Ast april 2013 (2 months ago).
Sadly, things happened relationship ended and we broke up. I was hanged and trapped. I tried to speak to my employer to sponsor me for my extension on tier 2, but the solicitor said can't be shift now as my status shift to eea FP?
I was so depressed and don't know what to do. Any ideas? Even my tier 2 expired 2 months ago its not possible to shift my eea FP to tier 2 again /:
Pls help! Ty
Re: Please Help! Needed (i'm lost)
Posted: Sun Jul 28, 2013 2:55 pm
by wiggsy
josh06 wrote:Hi to all,
Just want to ask your opinion and any advice will be appreciated. As I got a complicated and tragic thongs happened.
I've been in UK for nearly 6 years now.
Spent 2.5 years as a tier 4 student visa
Spent 3 years as tier 2 skilled migrants.
Before my tier 2 expired we applied for EEA2 RC of an EU national as unmarried partner. It was granted
Ast april 2013 (2 months ago).
Sadly, things happened relationship ended and we broke up. I was hanged and trapped. I tried to speak to my employer to sponsor me for my extension on tier 2, but the solicitor said can't be shift now as my status shift to eea FP?
I was so depressed and don't know what to do. Any ideas? Even my tier 2 expired 2 months ago its not possible to shift my eea FP to tier 2 again /:
Pls help! Ty
it might be the case of leaving the country and applying again to return (your right of residence on the EEA rules are only existant whilst you meet the qualifying factor [in your case, a durable relationship].)
just to keep your "lawful residence"...
it may well be worth moving this to the General Immigration board [ although I trust somebody with extensive knowledge will be over to help you shortly... ]
I don't know if this will help at all....
http://www.ergensharif.co.uk/EEARightRe ... dence.aspx
If your application for the RC was granted, then i assume you have been living together for over two years...? in the UK?
Posted: Sun Jul 28, 2013 3:02 pm
by josh06
Yes, we are together more than 2 years durable relationship. I am just hanged and trapped that I rely on my partner eea PF instead of renewing my tier 2 skilled migrants..
I spoke to solicitor no options to shift my status back again. If I am going home the chance is very slim to get the tier 2 again as it runs out 2 months ago.
So depressing really. /:
Posted: Sun Jul 28, 2013 3:42 pm
by wiggsy
but your residence is legal (obviously your relationship
has not ended yet 
there is always a possibility it could infact just be a break... [if you understand
]
by leaving the UK before the relationship does infact end, you keep your lawful residence... However... I am unsure how Retention of Rights works with durable partners... (you don't need to leave the uk if married, simply confirm your rights etc...)
Posted: Sun Jul 28, 2013 4:42 pm
by josh06
Hi wiggsy,
I know what u meant. Yea I still got the visa and allowed to work etc..
As an unmarried partners I don't know my rights. If I know this things gonna happen I just extend my tier 2. /: but things happen unexpected.
I don't know any options for me to shift or rights and thinking in my renewal etc.. /:
Posted: Sun Jul 28, 2013 4:44 pm
by wiggsy
josh06 wrote:Yea I still got the visa and allowed to work etc..
but when your relationship ends, you nolonger have the right to work... regardless of if the residence card is still valid (the RC does not bestow rights, it simply confirms the right) - it is Directive 2004/38/EC that gives the rights...
Its worth googling information on retention of rights for durable partners...
http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary
Sec 7. - no mention of durable partners....
Posted: Sun Jul 28, 2013 5:49 pm
by Obie
Has the residence card been revoked?
Speaking to your employer about this, increases suspicion and the possibility of your employment being terminated.
The hurdle to overcome is to first find a sponsor, and then having to apply from overseas.
You could continue working until HO seek to revoke your residence card, if there is a procedure for doing so.
Who know what the future might have in store.
Posted: Sun Jul 28, 2013 8:49 pm
by josh06
Thanks guys,
Nope its not revoked yet. My partner has no intention to cut it in anyways.
In my case during the renewal is gonna be hard. Alghough no problem at work no one knows about it.
Thinking for any option I can do to change the status, or any rights for me to reside or i can apply?
I've been here nearly 6 years (tier 4/ tier 2)
Eea2 FO given 5 years this april 2013
Posted: Mon Jul 29, 2013 1:10 pm
by wiggsy
will your employer not sponsor your teir 2?...
perhaps a quiet word about how your relationship is going through rocky stages... and you dont want to be left without your leave to remain if the worst happens
(dont state anything like it has ended etc)...
this might be a question best served in one of the other forums... as this might be more IR's... but regardless, switching to EEA cannot remove your rights, and your lawful residence for long residence ILR is still in place... (although might be a game to prove)...
what you dont want is to break that lawful residence...
(note: leaving the uk (wthout residence) to comply with lawful residence allows (6 months?[?]) absence without breaking lawful residence etc...)
Posted: Mon Jul 29, 2013 2:23 pm
by josh06
Hey wiggsy,
I tried to spoke to my employer and willing to extend my tier 2. I've been to the solicitor and been told that they can't switch my status now. Is gonna be hard and if I applied overseas slim chance to come back because the Certificate of sponsorship will be different..
It's quiet depressing as my tier 2 runs out 2 months ago. Didn't expect things happen like this.
I've been told that since I got my eea so I can work and leave it like that. At the end of the day, when it expires I stayed in UK for 10 years can apply for ILR 10 years in my own right without any support from my partner.
In my side I just want to know if there is any option I can do or change my status because 5 years is long time and don't know what gonna happen. :/
Thank you very much!
Posted: Mon Jul 29, 2013 8:14 pm
by wiggsy
but what if your partner changes her mind, or marries somebody else etc
you have to show 10 years LAWFUL residence...
Posted: Tue Jul 30, 2013 1:52 am
by Obie
well as things stand, you have to either stay with your current status, and hopefully things will improve, ie, your partner might come back, or something favorable might happen in the future, or your could switch, if you can afford to, to
Tier 1 (Entrepreneur), and in two years, you could apply for settlement.
Posted: Tue Jul 30, 2013 6:21 am
by josh06
Thanks guys, really appreciated!
Wiggsy, my partner no intention to get married in the future.
We are same gender partner (durable rel). Just things happened sadly I was trapped.
Ty again
Posted: Mon Nov 25, 2013 10:11 pm
by Amber
josh06 wrote:Pls I need your opinion in my case!
We are unmarried partners (same gender) lived together. I've been here in UK now for nearly 6 years. I spent 2.5 years for student visa 3 years for tier 2 skilled worker.
Before my tier 2 visa expired We applied for eea2 family permit and it was granted april this year. . Sadly after a month when I got my eea2 permit our relationship ends. I know that since rel ended I have no rights to stay.
We separated in nice way and my ex partner doesn't want to cancel my visa as we our family ever since. The thing is we're not living together anymore. I am in new relationship now for almost a while. We are engaged and planning to get married soon or partnership.
Is it possible to get a partnership or marriage even our rel ended (ex)
Is there any chance I can switch my eea2 to my new partner?
Do I have to exit the country?
My partner will do everything and my ex will support me any docs I need.
Very complicated /: guys pls advise thanks
Artur1 wrote:when you got married?