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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

sleeper
Newbie
Posts: 37
Joined: Fri Oct 23, 2009 9:50 am

Post by sleeper » Mon Jun 21, 2010 9:36 am

mego_1980 wrote:To Sleeper,

Why you didn't apply using EEA4 instead of of EEA2?
Do you have the right to marry again under the retaining resident or you have to wait until you get your PR?
Would you PM with your solicitor details (it looks like he is a good solicitor)?

Thanks
Applied with EEA2 as I haven't completed my 5yrs after marriage in this country.
As I understand you can get married, but you can't have any dependents till you'll get yr PR.
I didn't use a solisitor, I've prepered the docs & applied myself.

677ano
Member
Posts: 103
Joined: Mon Feb 15, 2010 2:08 pm

Post by 677ano » Wed Jun 23, 2010 10:00 am

js101 wrote:thanx m8. I hope she wont. From last 1 year my son is living wt me 3 full days n nights...........
she offerd me that she wl bring hm here twice a year for contact..... :!: but i refused it n now she's gone to court for it.

I'm keeping good faith n hope n wl let u know any outcomes...
get a good lawyer my friend and have you tried speaking with her to see reason? but i believe you should make the court understand that you can not live without seeing your child as a father you wish to be in his life.
we can all change our stars

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Thu Jul 29, 2010 9:02 am

Hello Guys....
Just think that this topic is kinda important.... to use it for future references....

And just a thought....

This three years rule of being Family member of EU national....

what if the divorce is started before the 3 years are over but divorce is finalised 6 months or 1 year after the 3 years Period....

What would be the options for Family member of EU national.?

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

Post by bobobo » Thu Jul 29, 2010 1:27 pm

Hi Jack - When I applied for retaining rights of residence I had to furnish proof that the Divorce proceedings were initiated after 3 years of marriage. I am not sure if this is a rule as such or if UKBA have adopted this as a criteria.

jackEM wrote:Hello Guys....
Just think that this topic is kinda important.... to use it for future references....

And just a thought....

This three years rule of being Family member of EU national....

what if the divorce is started before the 3 years are over but divorce is finalised 6 months or 1 year after the 3 years Period....

What would be the options for Family member of EU national.?

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

Post by bobobo » Thu Jul 29, 2010 1:28 pm

Hi Jack - When I applied for retaining rights of residence I had to furnish proof that the Divorce proceedings were initiated after 3 years of marriage. I am not sure if this is a rule as such or if UKBA have adopted this as a criteria.

jackEM wrote:Hello Guys....
Just think that this topic is kinda important.... to use it for future references....

And just a thought....

This three years rule of being Family member of EU national....

what if the divorce is started before the 3 years are over but divorce is finalised 6 months or 1 year after the 3 years Period....

What would be the options for Family member of EU national.?

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Thu Jul 29, 2010 2:51 pm

[quote]
“Family member who has retained the right of residenceâ€

noodles
Newbie
Posts: 45
Joined: Thu Jun 10, 2010 10:49 am

Post by noodles » Fri Jul 30, 2010 8:25 am

I believe you're still a family member of the EEA national until Decree Absolute, so if your 3 years falls betweendivorce initiation and decree absolute, you're covered.

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Fri Jul 30, 2010 9:00 am

Thats good....

But i wonder why they put it like this?

And whether they check that or no?

Does the Deree Absolute state the date of when the preceeding was started or it only says when it is finalised?

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

Post by bobobo » Fri Jul 30, 2010 9:33 am

Unfortunately I do not agree with this, as the rules clearly state that the 3 years should have passed prior to divorce initiation. This clearly means that an Application for divorce (Initiation) should be made after 3 years of marriage. Agree that the family memeber is safe until the Decree Absolute is granted and their rights remain similar of that of a family member of an eea national.
noodles wrote:I believe you're still a family member of the EEA national until Decree Absolute, so if your 3 years falls betweendivorce initiation and decree absolute, you're covered.

Obie
Moderator
Posts: 14780
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Jul 30, 2010 9:42 am

I believe noodles is correct. The directive states that one can retain their right of residence, if prior to the initiation of their divorce, their marriage has lasted for a period of 3 years.

In Diata, the court states that one is a family member until the competent authority officially terminate the matrimonial relationship.

The UK national legislation (EEA regulation 2006) goes for the Diatta as opposed to the directive interpretation.

It goes without saying that they cannot pick and choose rules, as and when it suits them.

Therefore under regulation 10, one can retain their right of residence if the decree absolute was passed shortly after they clock 3 years of marriage.

Remember that the marriage is not officially terminated until the decree absolute has been passed.
Judge not, and you will not be judged.

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Fri Jul 30, 2010 9:53 am

Thankx Obie...

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Fri Jul 30, 2010 3:20 pm

I wonder if anyone have recently retained their rights or if anyone is going to.
:)

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Tue Aug 10, 2010 10:10 am

Hi.
I just received all my documents back this morning with a permanent residence issued on 28 july 2010.
I want tosay thanks to all members for support especially Obie.I really am grateful.

ngueda2009
Junior Member
Posts: 81
Joined: Tue Dec 29, 2009 5:08 am

Re: Retain Rights

Post by ngueda2009 » Tue Aug 10, 2010 3:55 pm

hi ,
please can you let me know what answer you gave to the ho when they asked you if you are applying for the retention of rights of pr.
i am very please for you

nanaaddo80
Junior Member
Posts: 77
Joined: Fri Dec 18, 2009 7:22 pm
Location: North London

Retain Rights

Post by nanaaddo80 » Tue Aug 10, 2010 4:17 pm

Hi,
I replied by saying retention rights of rights(Residence Card).
Thanks

jackEM
Newbie
Posts: 49
Joined: Sun Jun 13, 2010 9:21 am

Post by jackEM » Thu Aug 12, 2010 10:19 am

Hello guys, another thought

How does it work practically form travelling point of view,
when a person informs the HO about change in his/her circumstances. i.e one is divorced and has informed the HO about the retention of rights.

I mean like sleeper applied for retention of rights using EEA2 and was issued with another RC and a letter confirming retention of rights, so that seem quite fair.

Whereas one is only required to inform HO about changes in the circumstance,(not practically apply) according to the info stated on the letter that comes with RC first time.

So what if while travelling, one who has only informed HO and not applied for, is asked to explain how s/he has RC and not a family member of EEA anymore? Does one should carry copy of EEA regulation 2006?

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