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Going to Portugal/ fear or revoking my RC

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Guerro
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Going to Portugal/ fear or revoking my RC

Post by Guerro » Sun Oct 02, 2011 1:09 pm

Hello everyone, my case in brief is:

married to a french national in august 2008
came to UK feb 2009, FP issued feb 2009
RC issued october 2009
I have been working since July 2009 till present, wife has been working 6 years continuously till present.
wife got PR (the blue card) by applying using eea3 in feb 2011
marriage is going up and down like any other relationship and we are doing our best to keep it.

recently, we had arguments and she started saying i will deport you, if we divorce i will send you back, you are here to suck benefits (even though i never claimed benefits in my whole life!) blah blah blah. and then we reconcile and she apologises. i booked a holiday to portugal so we can relax and start a new chapter as we both are depressed.

my question is: if she says something like that to the border agents ( like i want to divorce him, or please send him back), can they really revoke my residence card and refuse me entry on the border? i am really concerned as i have lots of commitments here

joshuaaubin
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Post by joshuaaubin » Sun Oct 02, 2011 1:51 pm

Why did you book holiday with her outside the country? If you married her bcus of visa and she accepted and now change her mind both of you have commited a crime and if goes to court she also will be jail even with her parmanent residence.r mind both of you have commited a crime and if goes to court she also will be jail even with her parmanent residence.

Guerro
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Post by Guerro » Sun Oct 02, 2011 5:05 pm

I booked a holiday so we can relax. Our marriage is one of love and you have no right to judge others, you don't even know me or her!
Those performing Marriage of convenience has never had a problem with their residence.
Having talked about crime and law, what is your evidence I commit a crime mr prosecuter?

mcovet
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Post by mcovet » Sun Oct 02, 2011 5:12 pm

Guerro, just ignore the likes of the guy above. Poor English and dim... plenty of those on here.

Getting back to your subject. In brief, you are safe regardless of what your wife says. The only way you could get affected is if she leaves the UK permanently (even this is debatable and to lose her residence in the UK she would need to be gone for for 2 years).

Anyway, since she doesn't need to exercise Treaty rights anymore and if worse comes to the worst you divorce, you would have been married for over 3 years (since Aug 2008) and at the time of divorce she was legally in the UK, and you would simply have to keep working in order to retain the right of residence.

In your situation, quite frankly, the only thing you have to worry about is your marriage and if it is working etc. as regards immigration, DO NOT WORRY! as I said, even if she does make a scene wherever and whenever, it is not up to her to decide whether you stay or go in the UK.

SHE CANNOT DO A-NY-THING!!!!! Do not let her scare you easily. Just tell her that you know your rights and as much as she can try to use this argument, it is of no effect, fortunately. Sad and shameful of her, to be honest, to play this card, you must really feel insulted when she brings this up.

So, go to Portugal, enjoy yourself and never worry for a second about your immigration status, you are virtually immune!

Guerro
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Post by Guerro » Sun Oct 02, 2011 5:34 pm

mcovet wrote:Guerro, just ignore the likes of the guy above. Poor English and dim... plenty of those on here.

Getting back to your subject. In brief, you are safe regardless of what your wife says. The only way you could get affected is if she leaves the UK permanently (even this is debatable and to lose her residence in the UK she would need to be gone for for 2 years).

Anyway, since she doesn't need to exercise Treaty rights anymore and if worse comes to the worst you divorce, you would have been married for over 3 years (since Aug 2008) and at the time of divorce she was legally in the UK, and you would simply have to keep working in order to retain the right of residence.

In your situation, quite frankly, the only thing you have to worry about is your marriage and if it is working etc. as regards immigration, DO NOT WORRY! as I said, even if she does make a scene wherever and whenever, it is not up to her to decide whether you stay or go in the UK.

SHE CANNOT DO A-NY-THING!!!!! Do not let her scare you easily. Just tell her that you know your rights and as much as she can try to use this argument, it is of no effect, fortunately. Sad and shameful of her, to be honest, to play this card, you must really feel insulted when she brings this up.

So, go to Portugal, enjoy yourself and never worry for a second about your immigration status, you are virtually immune!

Thanks a lot for your reply. Actually, i'm worried about the marriage as I don't want to separate from her and I do lots of things for her, and she does as well for me. Unfortunately, she becomes crazy sometimes but get back to normal. :P
As you said, I felt really insulted by her comments and only God knows how it hurts. I just hope we enjoy the holiday.
Finally, I believe I don't need a visa to enter portugal with her for 4 days, do I?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Oct 02, 2011 6:31 pm

What is your citizenship? How are you getting to Portugal?

Be sure in any case to travel with your marriage certificate. It can be your friend in case there are any problems. http://eumovement.wordpress.com/2010/08 ... to-travel/

vndpag
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Stop Judging other its not your business

Post by vndpag » Sun Oct 02, 2011 8:50 pm

joshuaaubin wrote:Why did you book holiday with her outside the country? If you married her bcus of visa and she accepted and now change her mind both of you have commited a crime and if goes to court she also will be jail even with her parmanent residence.r mind both of you have commited a crime and if goes to court she also will be jail even with her parmanent residence.
joshuaaubin

Stop judging xxxxxx xxxxx ( hope u understand ) how can you say that he married for visa ? he asking simple question and asking help and you instead of giving help you trying to insult him in your own dirty word I cant believe how come people are in this forum still here. If you cant able to advice someone do not try to be smart and don't give your cheap answer. on this forum nobody want negative answer it all about sharing information and asking help. Next time never ever try to do this

Please moderator or senior member in this forum I requesting you this kind people in this forum need to kick out immidately it is not fair to insult someone whose just asking for help

Thank you
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

joshuaaubin
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Post by joshuaaubin » Sun Oct 02, 2011 8:58 pm

Guerro wrote:
mcovet wrote:Guerro, just ignore the likes of the guy above. Poor English and dim... plenty of those on here.

Getting back to your subject. In brief, you are safe regardless of what your wife says. The only way you could get affected is if she leaves the UK permanently (even this is debatable and to lose her residence in the UK she would need to be gone for for 2 years).

Anyway, since she doesn't need to exercise Treaty rights anymore and if worse comes to the worst you divorce, you would have been married for over 3 years (since Aug 2008) and at the time of divorce she was legally in the UK, and you would simply have to keep working in order to retain the right of residence.

In your situation, quite frankly, the only thing you have to worry about is your marriage and if it is working etc. as regards immigration, DO NOT WORRY! as I said, even if she does make a scene wherever and whenever, it is not up to her to decide whether you stay or go in the UK.

SHE CANNOT DO A-NY-THING!!!!! Do not let her scare you easily. Just tell her that you know your rights and as much as she can try to use this argument, it is of no effect, fortunately. Sad and shameful of her, to be honest, to play this card, you must really feel insulted when she brings this up.

So, go to Portugal, enjoy yourself and never worry for a second about your immigration status, you are virtually immune!

Thanks a lot for your reply. Actually, i'm worried about the marriage as I don't want to separate from her and I do lots of things for her, and she does as well for me. Unfortunately, she becomes crazy sometimes but get back to normal. :P
As you said, I felt really insulted by her comments and only God knows how it hurts. I just hope we enjoy the holiday.
Finally, I believe I don't need a visa to enter portugal with her for 4 days, do I?
It was from phone I sent it, maybe error someway or the other Mr. English Teacher. Well I am not judging him, but why a wife that Love you will threaten you with Deportation, it is funny to me. Every time you fight she threatens you with deportation, what is her excuse? do she have any evidence against him, or has she did something wrong with him? that was my opinion, this is no Love if you are been threaten with deportation as if you begged her to marry you so you can stay in the country or Europe. ''F'' that.

I know she cannot deport you if she do not have any evidence against you but threaten with deportation is out of marriage, this is slavery. Do this for me, wash that for me, I do what ever I like, clean the house, cook for me, you cannot question me, you may be my husband it is just a paper for you to stay in uk and if you question my authority and try to behave like a husband I will deport you,. Nonsense, a Big Fat Gipsy Lie.

I am SORRY to have made a comment, I was supporting you maybe in a wrong way and am again SORRY for that. But am angry with the threaten of that deportation, maybe she thinks this is her time in control before you gain your permanent residence. I may yet to have my papers because I just decided to apply for it now but my wife respect me, she cook for me, wash for me, plays with me, do all what husband and wife do, respect me and has never talk down to me for the past 3yrs we have been together and I do the same to her but the washing aspect I don’t do lol.

To my own view she think that by threaten you with Deportation you will lose your moral as the Husband, don’t show to her you care to stay in this shit hole, tell her you can leave at anytime and deportation never scare you. You cannot do better than to call her and talk her down. Letting her know the Deportation scope don’t scare you and with you inside the country there is nothing she can do when you retain your right of residence.

mcovet
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Post by mcovet » Sun Oct 02, 2011 9:26 pm

+1 to the highlighted bit. Now, if you had only mentioned this in your first comment it would have made sense and well done for clarifying. But to start straightaway by accusing someone of being a criminal was WRONG!

I agree, if this is true love, as soon as someone mentions this point it loses the romance and the magic. There are many things people say to each other when they are angry, this is one of those where they just wanna hurt each other. But if you had only made it clear to her the first time she played this cheap trick that, hey, I won't let you insult me like that and made your feelings known, this wouldn't have happened several times. If you really wanna stay in the UK and she knows it and then threatens you with what you fear most, she is very very mean! I think you should look at other options and reassess your whole relationship.

It's the same as when the wife calls police on her husband, as soon as it reaches that stage, relationship is over!


joshuaaubin wrote:
To my own view she think that by threaten you with Deportation you will lose your moral as the Husband, don’t show to her you care to stay

Guerro
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Post by Guerro » Mon Oct 03, 2011 7:50 am

Directive/2004/38/EC wrote:What is your citizenship? How are you getting to Portugal?

Be sure in any case to travel with your marriage certificate. It can be your friend in case there are any problems. http://eumovement.wordpress.com/2010/08 ... to-travel/

I'm egyptian with rc, wife is french with pr. We are going by plane. Do I need a visa?

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Post by Punjab » Mon Oct 03, 2011 7:58 am

Guerro wrote:
Directive/2004/38/EC wrote:What is your citizenship? How are you getting to Portugal?

Be sure in any case to travel with your marriage certificate. It can be your friend in case there are any problems. http://eumovement.wordpress.com/2010/08 ... to-travel/

I'm egyptian with rc, wife is french with pr. We are going by plane. Do I need a visa?
NO YOU DONT NEED A VISA AS LONG AS YOUR WIFE IS WITH YOU OR YOU ARE JOING HER IN A SCHENGEN AREA..

ALSO FROM THE FOLLOW MEMBER YOU ARE SAFE WITHOUT HER MEANS YOU DONT NEED TO WORRY ABOUT YOUR PR EVEN IF SHE THRETENS YOU TO GIVE DIVORCE... DO A GOOD THING FOR YOURSELF... GET HER NI, PASSPORT, PAY SLIPS, RENT PAPERS OR BANK ACCOUNTS ETC AND APPLY FOR PR WHEN YOU WILL BE ELIGIBLE..

COULD YOU RECHECK IF YOU CAN APPLY IT NOW AS YOU ARE A FAMILY MEMBER OF A SETTLD PERSON IN THE UK... I HOPE FELLOW MEMBERS WILL HELP U
TA AND BEST WISHES

Guerro
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Post by Guerro » Mon Oct 03, 2011 8:13 am

@punjab, thanks for your information, but the directive doesn't allow you to switch to national rules. Still, i'm a qualified dental nurse and dental nurse tutor and getting a visa has never been an issue for me.
The most important thing now is that I don't need a visa to portugal when travelling with my wife.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Oct 03, 2011 8:50 am

Check http://www.immigrationboards.com/viewtopic.php?t=27612 for information about traveling to Portugal with your Residence Card.

Back to your original question: You married in August 2008, which is three years ago. (Congratulations! The first few years can be challenging!). You have now been in the UK for 2.5 years.

At this stage you have a strong right to remain no matter what happens with your marriage. (God willing, things will get better after the difficult experience you have recently had!). Read http://ec.europa.eu/justice/policies/ci ... nt_low.pdf and http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf

Guerro
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Post by Guerro » Mon Oct 03, 2011 9:08 am

@directive2004/38/ec:
Thanks for your help. The thing with portugal is that their consulate in london doesn't have a website! When I call I stay on hold for almost an hour, which is my lunch break, and then I hang up. I went to amsterdam with my wife few months ago with my rc and there was no problem at all, they just stamped my passport in amsterdam to enter and in stansted to come back. I know this is wrong but I was not in the mood to argue, lol

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Post by bobobo » Mon Oct 03, 2011 9:28 am

Mate relax noboday can touch you, remember you are an EEA family member until divorced so she can say whatever she wants to the IO, legally you have the right to say that you are still married and cant just be chucked out. Also as long as you are with your Mrs you are fine, just carry Marriage certificate along so that you can prove you are a family member.
Guerro wrote:@directive2004/38/ec:
Thanks for your help. The thing with portugal is that their consulate in london doesn't have a website! When I call I stay on hold for almost an hour, which is my lunch break, and then I hang up. I went to amsterdam with my wife few months ago with my rc and there was no problem at all, they just stamped my passport in amsterdam to enter and in stansted to come back. I know this is wrong but I was not in the mood to argue, lol

Guerro
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Post by Guerro » Mon Oct 03, 2011 9:53 am

@ bobobo: thanks my friend, I had the same feeling that everything should be all right, just wanted to confirm

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Post by Directive/2004/38/EC » Mon Oct 03, 2011 10:36 am

Guerro wrote:@directive2004/38/ec:
Thanks for your help. The thing with portugal is that their consulate in london doesn't have a website! When I call I stay on hold for almost an hour, which is my lunch break, and then I hang up. I went to amsterdam with my wife few months ago with my rc and there was no problem at all, they just stamped my passport in amsterdam to enter and in stansted to come back. I know this is wrong but I was not in the mood to argue, lol
The key thing is getting on the airplane. If you do that then the rest is easy. Just be sure to carry your marriage certificate and a print out of http://eumovement.wordpress.com/2010/08 ... to-travel/ which will help in the unlikely event that there are problems.

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Post by Punjab » Mon Oct 03, 2011 10:40 am


Guerro
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Post by Guerro » Mon Oct 03, 2011 11:55 am

Thanks guys, hope the airline people have some brain cuz I hate arguing about nothing

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Post by Directive/2004/38/EC » Mon Oct 03, 2011 4:50 pm

Guerro wrote:Thanks guys, hope the airline people have some brain cuz I hate arguing about nothing
You have previous traveled with your RC. So I really doubt it will be a problem now. Have a good trip and let us know how it went!

Guerro
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Post by Guerro » Mon Oct 03, 2011 8:58 pm

Directive/2004/38/EC wrote:
Guerro wrote:Thanks guys, hope the airline people have some brain cuz I hate arguing about nothing
You have previous traveled with your RC. So I really doubt it will be a problem now. Have a good trip and let us know how it went!

Sure mate. Many thanks for your wishes and helpful advice

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