PR due after ROR but Ex EEA not really helpfull

[fatimahh]

Dear Good members of the Forum. For those who have followed my thread you are now aware that i have now secure ROR. I was hoping that i could secure PR now but unfortunately my Ex is telling me that due to employment gap i cannot, i have asked the docs to see them myself but he is reluctant.... . i have therefore decided not to trouble myself asking him stuffs and to wait until i acquire PR based on my own 5 years as a worker, shame really.....

I would like to move on find someone and be happy again. My concern now is that what will happen if i were to have a baby? i know i cannot sponsor base on EEA law, so could someone tell me how i should sponsor the baby if i where to raise the baby as "single mum". the reason i worried is that i travel a lot due to work, and it will be unfair to be stuck for 2 years or more until i secure PR.

Please share your views and experience.

[noajthan]

Dear Good members of the Forum. For those who have followed my thread you are now aware that i have now secure ROR. I was hoping that i could secure PR now but unfortunately my Ex is telling me that due to employment gap i cannot, i have asked the docs to see them myself but he is reluctant.... . i have therefore decided not to trouble myself asking him stuffs and to wait until i acquire PR based on my own 5 years as a worker, shame really.....

I would like to move on find someone and be happy again. My concern now is that what will happen if i were to have a baby? i know i cannot sponsor base on EEA law, so could someone tell me how i should sponsor the baby if i where to raise the baby as "single mum". the reason i worried is that i travel a lot due to work, and it will be unfair to be stuck for 2 years or more until i secure PR.

Please share your views and experience.

What do you mean by 'sponsor' a baby?

Child's status would depend on where s/he was born born and your immigration status (as well as nationality/immigration status of father too, which could impact any dual nationality of child).

Who is "stuck for 2 years", you as mother or the child?
If a child is considered inconvenient for travel/work you could defer having such a child.
You would also have to factor in any possible impact on your exercising of treaty rights if you suddenly have a child.

[fatimahh]

Thank you noajthan for taking time to advise me, really appreciate that[quote="noajthan"]

What do you mean by 'sponsor' a baby?
[b]by sponsor a baby, i mean if as a holder of ROR i had a baby and God forbid find myself a single mother, what will the status of the baby be in the Uk [/b]
I have tried to research and note that an ROR holder cannot sponsor a new hubby through EEA rule, but must do so through the UK law, do that mean the same thing will apply to such a baby? If yes which form is to be filled please?


Who is "stuck for 2 years", you as mother or the child?
If a child is considered inconvenient for travel/work you could defer having such a child.
You would also have to factor in any possible impact on your exercising of treaty rights if you suddenly have a child.[/quote]

Do that mean ROR holder on maternity leave will not be considered as exercising treaty right???

[noajthan]

...

I have tried to research and note that an ROR holder cannot sponsor a new hubby through EEA rule, but must do so through the UK law, do that mean the same thing will apply to such a baby? If yes which form is to be filled please?


...

Do that mean ROR holder on maternity leave will not be considered as exercising treaty right???

1) Not knowing anything about potential father's status/nationality all that can be said is:
child would most likely be entitled to register as a British citizen as soon as one parent becomes settled in UK (ie for an EEA national: acquires PR) or naturalises.

Ref relevant HO guidance which covers all possible scenarios regarding minors:
https://www.gov.uk/government/uploads/s ... ations.pdf

2) My understanding is the impact of pregnancy/maternity leave on continuity of treaty rights depends on:
what treaty rights one was exercising (ie in which category of qualified person) before any maternity leave commences;
&
what duration of maternity leave is involved;

[fatimahh]

Hi noajthan, thank you for the link. You see i am due for Pr and unfortunately my Ex still has not given me the rest of treaty right i need, so i am trying to see what really are my right with an ROR for the coming 4 years if i do not succeed in getting the docs. In the view of my past experience i would like to rely on myself if i were to have any child! If dad his a good person then ok, but if not what will be my right in terms of giving status to the child straight away without waiting to secure PR.

Regarding Maternity leave, i am a in a full time employment and when i had my first child i used 6 month maternity leave and then came back to work. Will it be different because i am on ROR?

[noajthan]

Hi noajthan, thank you for the link. You see i am due for Pr and unfortunately my Ex still has not given me the rest of treaty right i need, so i am trying to see what really are my right with an ROR for the coming 4 years if i do not succeed in getting the docs. In the view of my past experience i would like to rely on myself if i were to have any child! If dad his a good person then ok, but if not what will be my right in terms of giving status to the child straight away without waiting to secure PR.

Regarding Maternity leave, i am a in a full time employment and when i had my first child i used 6 month maternity leave and then came back to work. Will it be different because i am on ROR?

A UK-born child of an EEA national can not be registered as a UK citizen until you (as parent/EEA national) have at least acquired PR in UK.

If a worker, then yes, any maternity leave (even unpaid) does not break exercising treaty rights as a worker; (as per CIS/4237/2007)

Ditto for the self-employed category of qp;
(as per CIS/1042/2008)

[smilingfriends]

Dear Good members of the Forum. For those who have followed my thread you are now aware that i have now secure ROR. I was hoping that i could secure PR now but unfortunately my Ex is telling me that due to employment gap i cannot, i have asked the docs to see them myself but he is reluctant.... . i have therefore decided not to trouble myself asking him stuffs and to wait until i acquire PR based on my own 5 years as a worker, shame really.....

DEAR FATIMAAH,

AS FAR AS I UNDERSTAND AND KNOW THAT AFTER GETTING ROR, YOU ONLY NEED YOUR TREATY RIGHTS EXCERCISING DOCUMENTS ALONG WITH YOUR EX TREATY RIGHTS EXCERCISING DOCUMENTS WHICH YOU SUBMITTED WITH YOUR ROR APPLICATION ( UNTRIL DECREE ABSOLUTE WAS GRANTED). SO IF YOU HAVE GOT ROR, SO FOR YOUR PR APPLICATION YOU WILL NEED YOUR EX DOCUMENTS WHICH YOU SUBMITTED WITH ROR AND THEN YOUR OWN DOCUMENTS. IF YOU STILL ARE IN THE POSSESSION OF YOUR EX DOCS WHICH YOU SUBMITTED WITH ROR.

ALSO I HAVE READ SOMEWHERE IN THE FORUM, THAT ONCE HO HAVE SEEN YOUR EX SUPPORTING DOCUMENTS WITH YOUR ROR APPLICATION, THEN THEY MIGHT NOT ASK YOU FOR YOUR EX DOCUMENTS AGAIN WITH YOUR PR APPLICATION.

I HOPE SOME EXPERT CAN ADVISE MORE ON THIS.