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I need serious advise here please about EEA2 Application

Posted: Wed May 07, 2014 9:27 pm
by Bbk
Please guys I need advise on my application. I married my ex wife who's an EEA national in October 2008. We barely lived together as we started getting problems in the marriage so left home. I got my RC which will be expiring at the end of this month.
We eventually got divorced in October 13. My ex wife was working throughout the time that we got married and I have also been in full time employment since 2007
The problem I have now is because we had a bitter marriage and divorce my ex wife has refused to give me any document like payslips, P60, etc to support my application for PR and am very worried my application may not be successful.
My question now is since we married for five years and she worked throughout do I still need her documents to support the application. I don't have any proof that we lived together as well. Am seriously confused and would really need your advice guys please. Or what documents should I use to support my application . Please advise me guys. Thank you

Re: I need serious advise here please about EEA2 Application

Posted: Wed May 07, 2014 9:48 pm
by Obie
Yes you are right, there are many problems.

Not too concerned about the not living together bit, provided your marriage was not one of convenience or sham, you will be fine.

However the lack of any evidence of treaty right is a serious problem.

You cannot secure PR under regulation 15(1)(b) or 15(1)(f), without proof of treaty rights.

You may need to seek legal advise on the various options you can explore, to provide evidence of her activities in the preceeding 5 year.

At present, things dont look too good.

baby born after Permanent residence card issued.

Posted: Thu Oct 30, 2014 12:30 am
by Bbk
Hi I had my Permanent residence card issued in July 2014 and I had a new born baby in September 2014. Does my baby qualify as british citizen straight away or is there something else I have to do get her British passport.

Am asking this question becos initially I though my new born qualified as a British citizen so I applied for british passport for her but few days later I got a call from the passports office asking me they can't find an indefinite leave to remain in my passport. So I told them that's the permanent residence card in my passport and I went on to explain to them that that's the same as indefinite leave to remain through the EEA route. So they have asked me to post any letters home office which came together with the permanent resident card.

Am confused becos I though once I got my permanent resident card before the baby was born the baby will automatically be British and therefore can get a British passport. Or could you please explain if there's any other way I can get a British passport for the baby. Thank you

Re: baby born after Permanent residence card issued.

Posted: Thu Oct 30, 2014 12:55 am
by chaoclive
Bbk wrote:Hi I had my Permanent residence card issued in July 2014 and I had a new born baby in September 2014. Does my baby qualify as british citizen straight away or is there something else I have to do get her British passport.

Am asking this question becos initially I though my new born qualified as a British citizen so I applied for british passport for her but few days later I got a call from the passports office asking me they can't find an indefinite leave to remain in my passport. So I told them that's the permanent residence card in my passport and I went on to explain to them that that's the same as indefinite leave to remain through the EEA route. So they have asked me to post any letters home office which came together with the permanent resident card.

Am confused becos I though once I got my permanent resident card before the baby was born the baby will automatically be British and therefore can get a British passport. Or could you please explain if there's any other way I can get a British passport for the baby. Thank you
You won't have a problem. Send whatever you have and direct them here: https://www.gov.uk/government/uploads/s ... apter6.pdf. This is the European casework instructions and explains a little more about PR. You could also point them to any other sites that show the same info.
It should be fine.