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Do I have still right to remain in uk

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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

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Malik123
Newly Registered
Posts: 3
Joined: Sun Feb 28, 2010 1:04 pm

Do I have still right to remain in uk

Post by Malik123 » Sun Feb 28, 2010 1:44 pm

I am married to EEA national since Jan,2007.we moved in uk Jan,2009.I applied for residence card in jan,2009.it took almost a year to get my residence card which I have recieved in Jan,2010.residence card is from Jan,2010 to Jan,2015. Unfortunately we decided to seprate and have applied for divorce at 18th Feb,2010.my eea partner was exercising selfsufficient treaty rights in uk since a year. Would I will retain the rights to remain in uk?
I am non eea national unfortunately. Would appreciate for any suggestions. Cheers

Pakhtoon
- thin ice -
Posts: 889
Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Post by Pakhtoon » Sun Feb 28, 2010 2:08 pm

If you can prove that your wife was exercising her treaty rights during the one year that you spent together in UK, then I think you can retain your rights.
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sun Feb 28, 2010 4:47 pm

Hmm, married exactly three years, exactly one if which was in the UK, hmm, exactly fills the requirement for PR. That's great luck!

Good job I'm not the suspicious type but the ECO might be....
An chéad stad eile Stáisiún Uí Chonghaile....

Rozen
Diamond Member
Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Sun Feb 28, 2010 7:16 pm

Wanderer wrote:Hmm, married exactly three years, exactly one if which was in the UK, hmm, exactly fills the requirement for PR. That's great luck!

Good job I'm not the suspicious type but the ECO might be....
:lol:

Malik123
Newly Registered
Posts: 3
Joined: Sun Feb 28, 2010 1:04 pm

Post by Malik123 » Sun Feb 28, 2010 8:49 pm

I was expecting to have suggestions not to make fun of me.Please advise will I retain my residence rights or not?I don't give a damn to ECO. Because every thing is 100% legal

vegeta_2009
Member
Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Post by vegeta_2009 » Sun Feb 28, 2010 9:08 pm

whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck

Pakhtoon
- thin ice -
Posts: 889
Joined: Mon Sep 24, 2007 2:57 am
Location: Warsaw, Poland

Post by Pakhtoon » Sun Feb 28, 2010 9:38 pm

vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
ECO = Entry Clearence Officer
“Terrorism is the war of the poor; war is the terrorism of the rich.â€

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Post by Wanderer » Sun Feb 28, 2010 10:10 pm

vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.
An chéad stad eile Stáisiún Uí Chonghaile....

vegeta_2009
Member
Posts: 111
Joined: Sun Oct 11, 2009 4:26 pm

Post by vegeta_2009 » Sun Feb 28, 2010 11:01 pm

Malik, what you need to read is Chapter 5 point 5.4.2, it should list all the stuff you need.
Wanderer wrote:
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.
i thought the comprehensive insurance was only if you were applying on Self Sufficient grounds for the EEA national?

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Mon Mar 01, 2010 9:06 am

Hi Wanderer - I wanted to cross check this with you, my understanding is that if you are divorced from an EU spouse and if YOU HAVE BEEN GRANTED AN EEA FP before, you might not need your ex's passport. However one would need to satisfy the HO in terms of the EEA spouse exercising rights from the initiation of divorce until the decree absolute + everything that the EEA national has done in the last X amount of years they were in UK which would count towards exercising treaty rights.

I am correct in believing so.
thanks
Wanderer wrote:
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.

bobobo
Senior Member
Posts: 742
Joined: Fri Aug 29, 2008 2:13 pm

Post by bobobo » Mon Mar 01, 2010 9:07 am

Sorry Wanderer the last line should have been:
"Am I Correct in this assumption"
My apologies for the adamant tone.
bobobo wrote:Hi Wanderer - I wanted to cross check this with you, my understanding is that if you are divorced from an EU spouse and if YOU HAVE BEEN GRANTED AN EEA FP before, you might not need your ex's passport. However one would need to satisfy the HO in terms of the EEA spouse exercising rights from the initiation of divorce until the decree absolute + everything that the EEA national has done in the last X amount of years they were in UK which would count towards exercising treaty rights.

I am correct in believing so.
thanks
Wanderer wrote:
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.

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