EEA FAMILY PERMIT AND SWITCHING TO ILR

First of all, I would like to thanks everyone to whom are being very helpful to people like me.

I have important issues regarding my situation in the UK. I am married to my husband for 6 years, we have a 4 year old daughter. My daughter and I have EEA family permit since June 2006 which is valid until 2011.

My husband has indefinete leave to remain and a citizenship of EEA country Cyprus, but he has the ILR on his Turkish Cypriot passport.

My husband and I had problems and we have been seperated recently. Since then he is threatening me and making pressure on me beacuse I do not have ILR in the UK.

I have a life in this country and my daughter starts the reception class this september, above all this my husband is using every possible thing in our situation to threaten me.

I feel very anxious, I don't know what to do in this situation. I am wondering if I have right to switch to ILR after 6 years of marriage, I would like to know my rights, the divorce case has not started yet , I am not financially very powerful, I am working as a self employed person and earning enough to live on.

Please help me I need professional advise and please let me know the details of a good lawyer who can deal with situations like mine.

I look forward to receiving an answer for this post.

Thank you very much for creating this web site

Sincerely

ABCX480

If u've been married three years one of which is in UK u r safe! Divorce doesn't matter.

The only way u can lose as i see it is if u husband moves from uk and u r not divorced - u'll have to leave with him. But I could be wrong on that.

Thanks for your advise.

I am just not sure how can it be possible for my visa to be at risk if he leaves the country, I can't keep him in the UK, what am I suppose to do if he leaves before the divorce takes place?

abcx480 wrote:Thanks for your advise.

I am just not sure how can it be possible for my visa to be at risk if he leaves the country, I can't keep him in the UK, what am I suppose to do if he leaves before the divorce takes place?

I'm on 'I think' ground here but I think the rule is if u r still married and haven't been here five years for your PR, your immigration status is still 'coat-tailed' on your husbands, i.e. your right to remain here is on HIS treaty right.

But if you have been married three years, one of which in UK there is no problem, is that not your situation?

I read this on this site somewhere, I may have misunderstood it, use the search function.

I have seen a solicitor today, unbelievably the solicitor told me that after 6 years of marriage in the UK, I have no rights because my marriage broke!!

I got married to my husband on 03.06.2002
I have applied for leave to remain right after I got married to my husband under the grounds of exceptional leave to remain, ( my husband had 4 years leave to remain at the time)
After waiting nearly 3 years I decided to withdraw my application and make a new application from EU laws, and finally I had my 5 year visa on 25.06.2006.

The visa expires on 25.06.2011 but we are married for the last 6 years.
We also have a 4 year old daughter who has the same visa with me.

I am working as a self employed person, paying my taxes and national insurance contribution.

After explaining all this I have been told today that I am loosing all my rights and I can even be deported from this country. I couldn't believe my ears. I am seperated from my husbands and I live with my daughter and I have to travel a lot because of my business, would I face any problems at entry clearence in this situation?

Besides do I have to inform the HO that we are seperated? Also what can happen if my husband informs to HO while I am outside the UK or when I am in the UK? What can be the consequences?

Please if anyone knows anything can be done to make my position safe let me know as soon as possible.

I will be grateful.

abcx480 wrote:My husband and I had problems and we have been seperated recently. Since then he is threatening me and making pressure on me beacuse I do not have ILR in the UK.

As wanderer said, your status should be ok. Since your husband is exercising "treaty rights" in the UK, and on this basis you got your current residence card. The date on the card is irrelevant, the important question is when you could have applied, and that would be when Cyprus joined the EU four years ago. So you can apply for PR next year.

Now the problem is that you still need the cooperation of your husband, because you need to prove that he was working.

I have a life in this country and my daughter starts the reception class this september, above all this my husband is using every possible thing in our situation to threaten me.

What citizenship does your daughter have? If it is European, you may be able to get a residence card as her parent, but that is a much more difficult process.

I am wondering if I have right to switch to ILR after 6 years of marriage,

You switched your visa category, so the clock was reset, and you have to stay with the European law now. That does mean waiting another year for PR, but at least you are guaranteed to get it.

Besides do I have to inform the HO that we are seperated?

Yes, you should. It does not affect your status, but it would certainly help just in case your husband is telling them stories, too.

Tom