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Ginger80
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Posts: 3
Joined: Thu Jan 25, 2007 5:44 pm
Location: London

Help please

Post by Ginger80 » Thu Jan 25, 2007 6:06 pm

Hi, i'm a 26 years old north african , living and working in london ,i have a 5 years residence of a family member of an EEA nationality , he left me about one year and half , h took al y money and run away , i looked for him everywhere but nothing i think that he is back to Portugal , now i don't know what to do , my residence will expired on september 2008 , and i know that it will never work with my husband , so should i contact the HO and tell them my problem ?, should i apply for a divorce as i don't see why i'm still married to such a person ? will the HO change my residence or they will send me back to my country ? please help me , i'm lost and have nobody in UK not even friends .
Thanks

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jan 25, 2007 6:16 pm

Can you please say when the two of you got married?
John

Ginger80
Newly Registered
Posts: 3
Joined: Thu Jan 25, 2007 5:44 pm
Location: London

Post by Ginger80 » Thu Jan 25, 2007 6:21 pm

We got married on jully 2003

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jan 25, 2007 9:31 pm

Under the terms of the EEA/EU regulations that came into force on 30.04.06, given that the two of you have been married for at least three years, and been living together in the UK for at least one year, your own EEA/EU rights do not cease because of the marriage breakup.

So you are quite entitled to remain in the UK and exercise your Treaty Rights, for example to work, and just before the expiry of your current 5-year Residence Card you should apply on form EEA4 for Permanent Residence status.

Hopefully before you need to apply IND will have got round to adapting the form EEA4 to cope with your situation, as introduced into law on 30.04.06. At the moment there really is no application form coping with your situation, but that is not to say that do don't have your rights ... you do.

Do you need to tell IND now of the marriage breakup? No there is no need at all. It will of course become very clear to them when you apply for your Permanent Residence status.
Last edited by John on Thu Jan 25, 2007 10:52 pm, edited 1 time in total.
John

Ginger80
Newly Registered
Posts: 3
Joined: Thu Jan 25, 2007 5:44 pm
Location: London

Post by Ginger80 » Thu Jan 25, 2007 10:39 pm

thanks John for your reply , but i have another enquiery , i'm in relation with a man who live oversea , and can't enter the uk cause he i palestenian , we are planing our marriage , but because of my immigration matter i can't for the reason that he can't join me here . Please tell me if there is any other way i can sort this problem out ??
Thanks a lot for your help

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