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Urgent help please

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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zahidsip
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Urgent help please

Post by zahidsip » Tue Aug 04, 2020 7:03 pm

Hi everyone hope everyone doing well. I have question please advise me what is the best option for me. I will be grateful for your advice.

My sister married to dutch national and she got two sons one is 14 years and other one is 16 years old. Both of them have dutch nationality and they are currently in UK with full time education. They have been here since last one year. My sister is also in UK since last one year. Unfortunately My sister got separated and her husband has left his whole family behind and there is no further contact with him. She came to UK as a EU family member now she want to apply for visa. UKBA has refused her visa and asking for children custody which is not possible for her as her husband left without any contact. Could you please advise me what visa or option she have to get visa. Thanks.

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CR001
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Re: Urgent help please

Post by CR001 » Tue Aug 04, 2020 7:10 pm

What visa exactly did she apply for?
Char (CR001 not Casa)
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zahidsip
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Re: Urgent help please

Post by zahidsip » Wed Aug 05, 2020 2:46 pm

Hi

She applied under retained rights.

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CR001
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Re: Urgent help please

Post by CR001 » Wed Aug 05, 2020 2:51 pm

She cannot apply for retained rights of residence until she is officially divorced.
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kamoe
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Re: Urgent help please

Post by kamoe » Wed Aug 05, 2020 5:17 pm

zahidsip wrote:
Tue Aug 04, 2020 7:03 pm
My sister married to dutch national and she got two sons one is 14 years and other one is 16 years old. Both of them have dutch nationality and they are currently in UK with full time education.
She might be eligible to apply as a carer of a EU child: https://www.gov.uk/settled-status-eu-ci ... Surinder Singh route-citizen
(the conditions highlighted in bold seem to apply to her case?)
If you’re the primary carer of a child
You can apply if you’re the primary carer of a British child, or an EU, EEA or Swiss child who is financially independent.

You can also apply if you’re the primary carer of an EU, EEA or Swiss child who:
  • is in education in the UK
  • has an EU, EEA or Swiss parent who has worked in the UK when the child has lived in the UK
  • has an EU, EEA or Swiss parent who has lived in the UK when the child has been in education
  • has an EU, EEA or Swiss parent who has stopped working in the UK, or left the UK
And for the above, they say that what you need to apply is the below:
You’ll need to provide proof of your relationship to your EU, EEA or Swiss citizen family member - for example, a birth, marriage or civil partnership certificate, or a residence card. You can scan and submit this through the online application form.

If you apply before your family member, you’ll also need to provide evidence of their identity and residence.
So if her children apply for EUSS (in their own applications they need to submit proof they are in full/time education in the UK), then she could apply as their carer providing their birth certificates, and linking their applications together including one of their application ID in her application, as is standard practice. They apply first, then she does. Note that this means that the sponsoring family member is no longer the husband but one of the children, and for this, the ID of the father no longer required.
Unfortunately My sister got separated and her husband has left his whole family behind and there is no further contact with him. She came to UK as a EU family member now she want to apply for visa. UKBA has refused her visa and asking for children custody which is not possible for her as her husband left without any contact.
Do you know if the husband has left the UK?
My posts express my personal opinion, formed with the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

zahidsip
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Re: Urgent help please

Post by zahidsip » Thu Aug 06, 2020 5:32 pm

Thanks to all. CR and kamoe. Much appreciated.

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