Can I pass on my Retained Right of Residence to my new wife

Hi Everyone,

I have been granted Permanent Residence Card after I divorced my EEA wife. I am now married to another person and we have a new baby. My wifes visa expired 2 years ago. I have been told that because my Permanent Residence card was not given under the Immigration Rules I cannot apply for my wife and child to stay here. Can I apply under any other legislation and if so which one.
UKBA have also stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay. Please help.

Hi Nanaowusu,
First of all when did you get married to your new wife and was the marriage done in this country and how since she has no valid visa.......
Anyway, your child first, you you register as a british by using form MN1 since you hav PRC, also you yourself should 1 year after you acquired PRC should naturalize as a british by using form AN and apply for a british passport after which you will be under national rules and threfore your new wife will have right to stay in the UK
Thanks

We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

Nanaowusu wrote:We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

why is it discriminatory?

As it makes no sense to allow a person to reside permanently in a country where he would not be allowed to have a family? Forcing him to marry someone from the "chosen" visa-compliant category. Even if she weren't an overstayer, on what grounds would he be able to "import" a wife? (no offence). I think there is a vacuum. What form to use and what ground to apply on? Clearly she can't use any of the EEA forms.

My suggestion- obtain British Citizenship, move with your wife to another Member State for a while and move back in with your wife. That clearly depends on your work commitments etc. If anyone has a more practical advice shoot it.


But, in any case, for your wife to obtain a PR she'd have needed to have resided etc. for 5 years IN ACCORDANCE with the Directive, so she wouldn't benefit from you having the PR per se. The only interpretation I see is, if you wish not to get the Citizenship at all, she'd apply as a "family member of an ex-family member of the EU citizen"...

Sorry, I don't know if Directive 2004/38 would apply to your wife upon literal interpretation... or even figuratively.

Wanderer wrote:

Nanaowusu wrote:We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

why is it discriminatory?

Wanderer wrote:

Nanaowusu wrote:We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

why is it discriminatory?

Because he wants to have visa for his wife and can't have it.

Inwarsaw, mate, u r a sad quadruple **ck (fu, pri, di, co). Having comfortably assumed the role of Wanderer's backside u make disrespectful comments towards ppl with genuine queries. Why, i ask, u hang out on this forum? It's not a pub where u meet ur friends for a laugh and a giggle! Seems u have nothing else to do, why dont u help those with advice or keep your cockhole shut?!
i despise people like u, most probably from a comfort of your visa-free position it's easy to pick on ppl with probs. Well, i pick on u here for a reason expressed above and if u dont get it then u r also as stupid as u r ignorant. I hope this post has got to u as much as your quoted-below comment got to me!!!

inwarsaw wrote:

Wanderer wrote:

Nanaowusu wrote:We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

why is it discriminatory?

Because he wants to have visa for his wife and can't have it.

All I asked is why is it discrimination? The race card is played all to often and the UK, like it or love it, protects minorities more than most so why claim so?

datuchi wrote:Inwarsaw, mate, u r a sad quadruple **ck (fu, pri, di, co). Having comfortably assumed the role of Wanderer's backside u make disrespectful comments towards ppl with genuine queries. Why, i ask, u hang out on this forum? It's not a pub where u meet ur friends for a laugh and a giggle! Seems u have nothing else to do, why dont u help those with advice or keep your cockhole shut?!
i despise people like u, most probably from a comfort of your visa-free position it's easy to pick on ppl with probs. Well, i pick on u here for a reason expressed above and if u dont get it then u r also as stupid as u r ignorant. I hope this post has got to u as much as your quoted-below comment got to me!!!

inwarsaw wrote:

Wanderer wrote:

Nanaowusu wrote:We married here in the UK, well I know my child can register as a British citizen now that I have Permanent Residence card, but I am more concerned with my wife. Can I not apply for her whilst still with the Permanent Residence card instead waiting to natuaralize as British? In any event if i become British she could not apply in the UK as a spouse as her visa is expired.
I am sure that if you have retained right of residence you could apply for your new family to stay else what is the point of having it. It also may be discriminatory, and raises issues under Article 8(1) of ECHR. What form should I use

why is it discriminatory?

Because he wants to have visa for his wife and can't have it.

Datuchi, you need to calm down with your language.Any more violations from you, you will be banned.

That's why I haven't said anything about your comment, whereas his was clearly derogatory.

Wanderer wrote:All I asked is why is it discrimination? The race card is played all to often and the UK, like it or love it, protects minorities more than most so why claim so?

Archigabe, are you feeling better now, for "warning me"?
clearly there is no escalation here, and your input could have been avoided. Flexing muscles where it's not due is proof of incompetence, lack of common sense and judgment.

Whilst I agree that directly and openly abusive language is unacceptable, it's a shame that moderators don't pick on sublime messages, which are equally abusive and insulting.

Nanaowusu wrote:I have been granted Permanent Residence Card after I divorced my EEA wife. I am now married to another person and we have a new baby. My wifes visa expired 2 years ago. I have been told that because my Permanent Residence card was not given under the Immigration Rules I cannot apply for my wife and child to stay here. Can I apply under any other legislation and if so which one.
UKBA have also stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay. Please help.

As a person who has acquired the right of Permanent Residence in the UK, you are considered a person "present and settled in the UK", for the purpose of the Immigration Rules.

In short, your present wife may apply for a Spouse Visa, in accordance with the Immigration Rules, as the spouse of a person present and settled in the UK.

The UKBA who, in your words, stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay are referring to "applying for another person to stay" under the EEA regulations (and they are correct).

I also thought he could take the "settled and present" route, but wasn't sure if it would apply to such a status being obtained through the European route. Moreover, his wife will have to leave the country as she overstayed, unfortunately, but this is price worth paying for future family life.
I am not sure on exact procedure, but I think she'd have to leave initially?

benifa wrote:

Nanaowusu wrote:I have been granted Permanent Residence Card after I divorced my EEA wife. I am now married to another person and we have a new baby. My wifes visa expired 2 years ago. I have been told that because my Permanent Residence card was not given under the Immigration Rules I cannot apply for my wife and child to stay here. Can I apply under any other legislation and if so which one.
UKBA have also stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay. Please help.

As a person who has acquired the right of Permanent Residence in the UK, you are considered a person "present and settled in the UK", for the purpose of the Immigration Rules.

In short, your present wife may apply for a Spouse Visa, in accordance with the Immigration Rules, as the spouse of a person present and settled in the UK.

The UKBA who, in your words, stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay are referring to "applying for another person to stay" under the EEA regulations (and they are correct).

archigabe wrote:
Datuchi, you need to calm down with your language.Any more violations from you, you will be banned.

On -thin ice- and skating. How long before the thaw?

datuchi wrote:Inwarsaw, mate, u r a sad quadruple **ck (fu, pri, di, co). Having comfortably assumed the role of Wanderer's backside u make disrespectful comments towards ppl with genuine queries. Why, i ask, u hang out on this forum? It's not a pub where u meet ur friends for a laugh and a giggle! Seems u have nothing else to do, why dont u help those with advice or keep your cockhole shut?!
i despise people like u, most probably from a comfort of your visa-free position it's easy to pick on ppl with probs. Well, i pick on u here for a reason expressed above and if u dont get it then u r also as stupid as u r ignorant. I hope this post has got to u as much as your quoted-below comment got to me!!!

I have to give you the bad news that your post didn't get to me at all because I understand that you have every right to disagree with me.

I am not backing Wanderer nor do I have a visa-free status as you said. You unfortunately seem to have got the idea of a forum totally wrong. The OP thought he was being discriminated against and I didn't agree. Simple...

And why am I on this forum ? what kind of question is that ? You are not supposed to ask such question but if you must know, I hang out on this forum because I like it.

datuchi wrote:Archigabe, are you feeling better now, for "warning me"?
clearly there is no escalation here, and your input could have been avoided. Flexing muscles where it's not due is proof of incompetence, lack of common sense and judgment.

I don't think moderators warn or ban people to feel good. There are terms and conditions of the forum and if you violate them, moderators would react.

datuchi wrote:Whilst I agree that directly and openly abusive language is unacceptable

So you actually know the reason why you have been warned.

datuchi wrote:it's a shame that moderators don't pick on sublime messages, which are equally abusive and insulting.

Everyone is free to share their opinion as long as it doesn't involve any abuse or personal attack when it comes to forums. If I am too sensitive or easily feel abused or insulted, I wouldn't go to a forum.

Nanaowusu wrote:Hi Everyone,

I have been granted Permanent Residence Card after I divorced my EEA wife. I am now married to another person and we have a new baby. My wifes visa expired 2 years ago. I have been told that because my Permanent Residence card was not given under the Immigration Rules I cannot apply for my wife and child to stay here. Can I apply under any other legislation and if so which one.
UKBA have also stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to stay. Please help.

I suspect what you have is a retain right of residence following your divorce not permanent residence which is normally acquired after 5 years. I would suggest you have a look at this case.

http://www.bailii.org/uk/cases/UKIAT/2007/00048.html

inwarsaw wrote:

datuchi wrote:Archigabe, are you feeling better now, for "warning me"?
clearly there is no escalation here, and your input could have been avoided. Flexing muscles where it's not due is proof of incompetence, lack of common sense and judgment.

I don't think moderators warn or ban people to feel good. There are terms and conditions of the forum and if you violate them, moderators would react.

datuchi wrote:Whilst I agree that directly and openly abusive language is unacceptable

So you actually know the reason why you have been warned.

datuchi wrote:it's a shame that moderators don't pick on sublime messages, which are equally abusive and insulting.

Everyone is free to share their opinion as long as it doesn't involve any abuse or personal attack when it comes to forums. If I am too sensitive or easily feel abused or insulted, I wouldn't go to a forum.

VOID

inwarsaw wrote:

datuchi wrote:Inwarsaw, mate, u r a sad quadruple **ck (fu, pri, di, co). Having comfortably assumed the role of Wanderer's backside u make disrespectful comments towards ppl with genuine queries. Why, i ask, u hang out on this forum? It's not a pub where u meet ur friends for a laugh and a giggle! Seems u have nothing else to do, why dont u help those with advice or keep your cockhole shut?!
i despise people like u, most probably from a comfort of your visa-free position it's easy to pick on ppl with probs. Well, i pick on u here for a reason expressed above and if u dont get it then u r also as stupid as u r ignorant. I hope this post has got to u as much as your quoted-below comment got to me!!!

I have to give you the bad news that your post didn't get to me at all because I understand that you have every right to disagree with me.

I am not backing Wanderer nor do I have a visa-free status as you said. You unfortunately seem to have got the idea of a forum totally wrong. The OP thought he was being discriminated against and I didn't agree. Simple...

And why am I on this forum ? what kind of question is that ? You are not supposed to ask such question but if you must know, I hang out on this forum because I like it.

... yawns

datuchi wrote:

inwarsaw wrote:

datuchi wrote:Archigabe, are you feeling better now, for "warning me"?
clearly there is no escalation here, and your input could have been avoided. Flexing muscles where it's not due is proof of incompetence, lack of common sense and judgment.

I don't think moderators warn or ban people to feel good. There are terms and conditions of the forum and if you violate them, moderators would react.

datuchi wrote:Whilst I agree that directly and openly abusive language is unacceptable

So you actually know the reason why you have been warned.

datuchi wrote:it's a shame that moderators don't pick on sublime messages, which are equally abusive and insulting.

Everyone is free to share their opinion as long as it doesn't involve any abuse or personal attack when it comes to forums. If I am too sensitive or easily feel abused or insulted, I wouldn't go to a forum.

VOID

Couldn't care less about your disagreement.

datuchi wrote:

inwarsaw wrote:

datuchi wrote:Inwarsaw, mate, u r a sad quadruple **ck (fu, pri, di, co). Having comfortably assumed the role of Wanderer's backside u make disrespectful comments towards ppl with genuine queries. Why, i ask, u hang out on this forum? It's not a pub where u meet ur friends for a laugh and a giggle! Seems u have nothing else to do, why dont u help those with advice or keep your cockhole shut?!
i despise people like u, most probably from a comfort of your visa-free position it's easy to pick on ppl with probs. Well, i pick on u here for a reason expressed above and if u dont get it then u r also as stupid as u r ignorant. I hope this post has got to u as much as your quoted-below comment got to me!!!

I have to give you the bad news that your post didn't get to me at all because I understand that you have every right to disagree with me.

I am not backing Wanderer nor do I have a visa-free status as you said. You unfortunately seem to have got the idea of a forum totally wrong. The OP thought he was being discriminated against and I didn't agree. Simple...

And why am I on this forum ? what kind of question is that ? You are not supposed to ask such question but if you must know, I hang out on this forum because I like it.

... yawns

When people run out of arguments, they start pretending like yourself in this case.

There you go, we have made up already... but pls, in the future, don't use this sly way of taking the piss out of people on this forum.

inwarsaw wrote:

datuchi wrote:

inwarsaw wrote:

datuchi wrote:Archigabe, are you feeling better now, for "warning me"?
clearly there is no escalation here, and your input could have been avoided. Flexing muscles where it's not due is proof of incompetence, lack of common sense and judgment.

I don't think moderators warn or ban people to feel good. There are terms and conditions of the forum and if you violate them, moderators would react.

datuchi wrote:Whilst I agree that directly and openly abusive language is unacceptable

So you actually know the reason why you have been warned.

datuchi wrote:it's a shame that moderators don't pick on sublime messages, which are equally abusive and insulting.

Everyone is free to share their opinion as long as it doesn't involve any abuse or personal attack when it comes to forums. If I am too sensitive or easily feel abused or insulted, I wouldn't go to a forum.

VOID

Couldn't care less about your disagreement.

Thanks guys, yes, it appears we would have to consider paragraph 281 of HC 395 as it is, as clearly I am now settled. Well thought good guys I really appreciate your help.

quadruple **ck (fu, pri, di, co)

Datuchi, I must say that this is the coolest line i've seen in ages, would you mind if I added it to urbandictionary?

[quote="Nanaowusu"]Hi Everyone,

I have been granted Permanent Residence Card after I divorced my EEA wife. I am now married to another person and we have a new baby. My wifes visa expired 2 years ago. I have been told that because my Permanent Residence card was not given under the Immigration Rules I cannot apply for my wife and child to stay here. Can I apply under any other legislation and if so which one.
UKBA have also stated that if your acquire retained right of residence under Regulation 10(5) you cannot apply for another person to sta


Hi,
read this case ,might help you:
Nigeria 2010 UKAIT 0003