Immigrationboards.com

Posted: **Fri Nov 12, 2010 12:10 am**

hi
i am indian national i got querry regarding my status if i got divorced from my wife who is latvian national and in points i will tell you the detail of case as well
1-married in cyprus in 31/08/2005 which is eu country
2-we move to uk in 21/03/2008
3-i got first Family member residence stamp and now i have document of residence which gonna expire on dec 2014
4-cos of some financial issues my wife she apply for housing and council tax benefit as well but that we get only from july 2010
what i want to know that is there any chance that i can apply for permanent residence in uk now as i married with my wife more than 5 years now or i need to complete 5 years in uk and what will gonna happened with my rights and movement in uk if i get divorce.

Posted: **Fri Nov 12, 2010 7:05 am**

sanita222 wrote:
i need to complete 5 years in uk.

This is it to get pr status

Posted: **Fri Nov 12, 2010 9:28 am**

See also OA (EEA - retained right of residence) Nigeria [2010] UKAIT 00003

Posted: **Fri Nov 12, 2010 12:14 pm**

There are plenty of posts that deal with the same issue, just browse through the topics

Posted: **Tue Nov 16, 2010 3:53 am**

With the information you mention I can point out this from the European Casework instructions:

Eligibility for permanent residence
The following are eligible under Regulation 15 of the Immigration (EEA) Regulations
2006:
â€¢ EEA nationals who have resided in the UK (in accordance with the
Regulations) for a continuous period of 5 years;
â€¢ Non-EEA national family members who have resided in the UK (in
accordance with the Regulations) for a continuous period of 5 years;

So you need to have been in the UK for 5 years to apply for PR as guerro said.

If your partner was/is claiming Benefits

EEA nationals who are residing in the UK should generally be able to support themselves
without help from public funds. EEA nationals who are exercising Treaty rights in the UK as
workers, self employed persons or work seekers are able to claim public funds without their right
of residence being affected.

If you divorce then....

Retention of a right of residence following divorce or annulment of
marriage / dissolution of civil partnership
Regulation 10 (5) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted for at least three years immediately before
the initiation of proceedings for divorce, annulment or dissolution, and the parties to the
marriage or civil partnership had resided in the United Kingdom for at least one year
during the duration of the marriage or civil partnership, then the third country national
retains a right of residence if:
(a) they are pursuing activity which would make them a worker or a self-employed
person if they were an EEA national;
(b) they are a self-sufficient person â€“ including a retired person;
(c) they are the family member of a person in the United Kingdom who is either a
worker, self-employed, or is a self-sufficient person.
If the non-EEA national is a student then they will not qualify, unless they are a student
with sufficient resources to be self-sufficient.

Do have a look at vinny's link for its application.

This IMHO, Good luck.

Posted: **Sun Nov 28, 2010 10:21 pm**

what will be my rights then if i get divorce and can i travel then to my home counntry on the same resident documnet which will expire on 2014 and what if i get merry there with the lady who has one child for 6 month how i can sponsor her
thanks

Posted: **Mon Nov 29, 2010 6:51 am**

You definitely need professional advice - forum is not enough in your case IMHO.
You want to do too many things at once and these things are overlapping in time.
Anyway, you'd need to prove 5 years of lawful residency in the UK prior to applying for PR.
Then you want as a non-EEA travel to India to merry non-EEA and bring her to the UK under EEA regulations?
And please bear in mind that even if you get the positive answer (i.e. the one which you want to hear) from your solicitor, then UKBA officers will get their final word when you land back in the UK...
For you, I'd wait till March 2012 (assuming law will not change), get PR by default, in March 2013 apply for BC (again assuming law will not change), obtain BC and then do what you will want to do at that time in future.

Posted: **Sun Dec 05, 2010 10:27 pm**

how long time i can stay out of country which not gonna effect my PR if my EEA wife remain in this contry untill 5 years

Posted: **Sun Dec 05, 2010 10:28 pm**

can i use polygammou route as well if one of my wife is EEA ans second is non EEA

Posted: **Sat Jan 01, 2011 2:28 pm**

sanita222 wrote:how long time i can stay out of country which not gonna effect my PR if my EEA wife remain in this contry untill 5 years

Posted: **Sat Jan 01, 2011 2:29 pm**

sanita222 wrote:can i use polygammou route as well if one of my wife is EEA ans second is non EEA

Posted: **Sat Jan 01, 2011 8:23 pm**

sanita222 wrote:hi
i am indian national i got querry regarding my status if i got divorced from my wife who is latvian national and in points i will tell you the detail of case as well
1-married in cyprus in 31/08/2005 which is eu country
2-we move to uk in 21/03/2008
3-i got first Family member residence stamp and now i have document of residence which gonna expire on dec 2014
4-cos of some financial issues my wife she apply for housing and council tax benefit as well but that we get only from july 2010
what i want to know that is there any chance that i can apply for permanent residence in uk now as i married with my wife more than 5 years now or i need to complete 5 years in uk and what will gonna happened with my rights and movement in uk if i get divorce.

I can your marriage with Latvian woman is only a marriage of convenience. You think about nothing but your immigration status, getting rid of her and then marrying someone back in your country and bring her to the UK. Very convenient.

You can't use the polygamous route by the way as far as I know the law.

Posted: **Sat Jan 01, 2011 11:07 pm**

You are not serious, you are just using marriage for immigration purposes, God purnish people like this....

If you divource her, you and your new wife will end up back in india. definitely

Posted: **Sun Jan 02, 2011 2:42 pm**

sanita222 wrote:what will be my rights then if i get divorce and can i travel then to my home counntry on the same resident documnet which will expire on 2014 and what if i get merry there with the lady who has one child for 6 month how i can sponsor her
thanks

I am sorry to write this but going by what you wrote here, with no doubt your marriage is one of convenience I guess most people with agree with me. But it is not my business to judge you or anyone. Best of luck.

Posted: **Tue Aug 02, 2011 11:27 am**

sanita222 wrote:Hi
I am going to write with very hope that may be you can help me out with that.
I am married with Latvian national in 2005 in cyprus.
march 2008 we came to uk
i have RC which is valid untill 2014.
2010 i get married in paksitan and i have child of 5 month as well now as muslim we can marry 4 times.
Now i dont know how to join my family from pakistan in uk.
some adviced me to go for visit visa ,some said i should apply for studnet visa, really confused.
Should i declare my marrige in pakistan to UKBA or not ?Is there any bad impact on my PR.

Posted: **Tue Aug 02, 2011 4:26 pm**

I have to say this no matter if its if its hurting to others.

i really belive that this INDO PAKchap married for a visa and now he want to be with a woman witha old child. I am 99% sure it was a sham marrige and i might be wrong 1%. shame on the people who marry because of a visa and shame on their deeds.

not only these guys bring a bad name to them but also to the countries they belong to..

Posted: **Tue Aug 02, 2011 4:46 pm**

sanita222 wrote:
hi
i am indian national i got querry regarding my status if i got divorced from my wife who is latvian national and in points i will tell you the detail of case as well
1-married in cyprus in 31/08/2005 which is eu country
2-we move to uk in 21/03/2008
3-i got first Family member residence stamp and now i have document of residence which gonna expire on dec 2014
4-cos of some financial issues my wife she apply for housing and council tax benefit as well but that we get only from july 2010
what i want to know that is there any chance that i can apply for permanent residence in uk now as i married with my wife more than 5 years now or i need to complete 5 years in uk and what will gonna happened with my rights and movement in uk if i get divorce.

sanita222 wrote:
Hi
I am going to write with very hope that may be you can help me out with that.
I am married with Latvian national in 2005 in cyprus.
march 2008 we came to uk
i have RC which is valid untill 2014.
2010 i get married in paksitan and i have child of 5 month as well now as muslim we can marry 4 times.
Now i dont know how to join my family from pakistan in uk.
some adviced me to go for visit visa ,some said i should apply for studnet visa, really confused.
Should i declare my marrige in pakistan to UKBA or not ?Is there any bad impact on my PR.

First you need to decide who you are - Indian or Pakistan. Please at least dont cheat with this forum. Remember if you cheat on your Latvian wife, Your new wife would cheat on you and that is called TIT FOR TAT.....

Posted: **Wed Aug 03, 2011 11:51 am**

First you need to decide who you are - Indian or Pakistan. Please at least dont cheat with this forum. Remember if you cheat on your Latvian wife, Your new wife would cheat on you and that is called TIT FOR TAT.....[/quote]

yes... the person who dosent knwo if he she is pakistani or indian is a sham.

what a waste of time on earth

Posted: **Wed Aug 03, 2011 12:26 pm**

I may have missed that but I can't see where the OP has claimed to be a Pakistani national. He only said that he married in Pakistan. Can Indian nationals not marry there?

Posted: **Wed Aug 03, 2011 12:32 pm**

86ti wrote:I may have missed that but I can't see where the OP has claimed to be a Pakistani national. He only said that he married in Pakistan. Can Indian nationals not marry there?

No Mate we dont have good relations with pakistanis and muslims don't like to marry with Hindu/ sikhs etc. very exceptional case love marrige etc but its 1 in 1000000
pakistan does has very small community of hindus and sikhs. me as a hindu can marry another hindu girl or christian or sikh ( but last two cases i may pi"" off my family or society but thats what india is about. but throughout my life till now i havent heard any muslim marrying non muslim or vise versa in pakistan or india.

Posted: **Wed Aug 03, 2011 12:44 pm**

Punjab wrote:
86ti wrote:but throughout my life till now i havent heard any muslim marrying non muslim or vise versa in pakistan or india.

The OP claims to be a muslim in the other thread.

Posted: **Wed Aug 03, 2011 2:49 pm**

86ti wrote: The OP claims to be a muslim in the other thread.

what is OP?

Posted: **Wed Aug 03, 2011 3:07 pm**

I think it means Original Poster ( of the thread or topic of the discussion), but I could be wrong.

Posted: **Wed Aug 03, 2011 3:21 pm**

nonspecifics wrote:I think it means Original Poster ( of the thread or topic of the discussion), but I could be wrong.

Yes, that's what it means. Besides, it is pointless anyway to discuss this any further. You assessment regarding bigamy of a UK resident probably closes the case off and nothing useful can be added without further details (if they mattered at all...).

Posted: **Wed Aug 03, 2011 4:00 pm**

nonspecifics wrote:I think it means Original Poster ( of the thread or topic of the discussion), but I could be wrong.

thanks mate

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