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complicated case EEA wife-NON EEA husband on family permit

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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J&Jmama
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complicated case EEA wife-NON EEA husband on family permit

Post by J&Jmama » Thu Jul 31, 2014 10:38 pm

Hello and thanks for taking the time to read my post.

I am Italian legally married to a Ghanaian man december 2013 and we both moved to the Uk with our children may 2104. He has obtained the EEA family permit, valid until november 2014.
By then, we should apply for the 5 years residence/family permit. He is now working full time in the UK while I am not working as I am currently on paid maternity leave from my italian employer. This "benefit" will last april 2015 and by then I will be looking for work in the UK. Things are going rough for us, to the point I might be soon seeking separation/divorce.

Questions are: what is going to happen to him if his family visa expires and I refuse to apply for the residence/family permit? Can he switch his immigration status into something else i.e. work permit ? If I leave the country without him, is he going to be deported? In case we would remain together, would my being still employed by an italian employer yet not working in the UK affect the issuing of the residence card? When applying for the residence card, should I include our children?

Any advice and help would be greatly appreciated as I really don't know what to do.... Thanks!

Obie
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Re: complicated case EEA wife-NON EEA husband on family per

Post by Obie » Thu Jul 31, 2014 11:12 pm

Well, he will not be able to obtain residency unless you are exercising treaty rights.

Yes you are receiving benefits from your employer, but you will need medical insurance for your whole family for him to be able to succeed.

If you leave, he will not be able to secure any retention of residence.
Smooth seas do not make skilful sailors

J&Jmama
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Posts: 4
Joined: Thu Jul 31, 2014 10:21 pm

Re: complicated case EEA wife-NON EEA husband on family per

Post by J&Jmama » Thu Jul 31, 2014 11:49 pm

Obie wrote:Well, he will not be able to obtain residency unless you are exercising treaty rights.

Yes you are receiving benefits from your employer, but you will need medical insurance for your whole family for him to be able to succeed.

If you leave, he will not be able to secure any retention of residence.

I can't be resigning from my job in Italy because I am 17 weeks pregnant. I will do so only after the baby is born. I will apply as self-sufficient. But if I refuse to apply he just needs to go back to Italy, even if he is working. Correct?

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