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PLEASE HELP ME ,WHAT CAN I DO NOW

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

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fisayo
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Location: MANCHESTER

PLEASE HELP ME ,WHAT CAN I DO NOW

Post by fisayo » Sat Nov 17, 2012 10:28 am

Please i need advise of you my people , i got my decree absolute in october this year after being married to my ex eea national spouse in 2008.

now she doesnt want to know me anymore not even outside her house.
she is not given me any of her details to retain my right of residence .

please what can i do? as i have tried all my best with no success.

she even said that she doesnt want to see me again in his life and that she is going to make life miserable for me.

please advise me how to get this important matter sorted. :( :(



* please note this is happening to my dearest friend of mine. not me directly but to be able to frame the matter how it is*

bobobo
Senior Member
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Re: PLEASE HELP ME ,WHAT CAN I DO NOW

Post by bobobo » Sat Nov 17, 2012 11:03 am

I am afraid for PR the NON EEA national has to prove that the EEA national was exercising treaty rights in the UK and also their physical presence. In the form of P-60's letter from employer, university if studying etc. If EEA national is not working then CSI has to be sent as well.

Without this the possibility is the application will be declined. Your friedn will need to get this information
fisayo wrote:Please i need advise of you my people , i got my decree absolute in october this year after being married to my ex eea national spouse in 2008.

now she doesnt want to know me anymore not even outside her house.
she is not given me any of her details to retain my right of residence .

please what can i do? as i have tried all my best with no success. No one can help your friend with this, he/she will have to sort this out

she even said that she doesnt want to see me again in his life and that she is going to make life miserable for me.

please advise me how to get this important matter sorted. :( :(



* please note this is happening to my dearest friend of mine. not me directly but to be able to frame the matter how it is*

Kitty
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Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Sun Nov 18, 2012 10:17 am

Was she actually working at the time the divorce became final? Does the friend have any evidence of that, and if so what? (For example, does he know the name of her employer, how long she has been working there; has he seen her going to and from work?)

Confirmation of retention of the right of residence does not require the same evidence as PR. If the wife was not working continuously 2008 - 2012 then the applicant might not qualify for PR for some time, but if she was exercising treaty rights at the point they divorced, then he might still retain a right of residence. He can then rely on his own work after the date of divorce to contribute to PR.

fisayo
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Posts: 48
Joined: Thu Nov 04, 2010 8:15 pm
Location: MANCHESTER

Re: PLEASE HELP ME ,WHAT CAN I DO NOW

Post by fisayo » Sun Nov 18, 2012 5:08 pm

bobobo wrote:I am afraid for PR the NON EEA national has to prove that the EEA national was exercising treaty rights in the UK and also their physical presence. In the form of P-60's letter from employer, university if studying etc. If EEA national is not working then CSI has to be sent as well.

Without this the possibility is the application will be declined. Your friedn will need to get this information
fisayo wrote:Please i need advise of you my people , i got my decree absolute in october this year after being married to my ex eea national spouse in 2008.

now she doesnt want to know me anymore not even outside her house.
she is not given me any of her details to retain my right of residence .

please what can i do? as i have tried all my best with no success. No one can help your friend with this, he/she will have to sort this out

she even said that she doesnt want to see me again in his life and that she is going to make life miserable for me.

please advise me how to get this important matter sorted. :( :(



* please note this is happening to my dearest friend of mine. not me directly but to be able to frame the matter how it is*


thanks bobobo. please what can she do to get this information, can she hired private detective to do this for her. as the spouse is not cooperative at all.

fisayo
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Posts: 48
Joined: Thu Nov 04, 2010 8:15 pm
Location: MANCHESTER

kitty

Post by fisayo » Sun Nov 18, 2012 5:11 pm

Kitty wrote:Was she actually working at the time the divorce became final? Does the friend have any evidence of that, and if so what? (For example, does he know the name of her employer, how long she has been working there; has he seen her going to and from work?)

Confirmation of retention of the right of residence does not require the same evidence as PR. If the wife was not working continuously 2008 - 2012 then the applicant might not qualify for PR for some time, but if she was exercising treaty rights at the point they divorced, then he might still retain a right of residence. He can then rely on his own work after the date of divorce to contribute to PR.

yes she was working but my friend did not know the place and the ex is not ready to even answer the phone to answer any query at all.

can we ask ukba to do this checkings?

Kitty
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Location: Southampton, UK

Post by Kitty » Tue Nov 20, 2012 12:08 pm

Your friend can make an application to the UKBA for confirmation that he has retained a right of residence, using form EEA2.

The UKBA has a policy of treating such applications "pragmatically" if the applicant has made every effort to contact the EEA national. See the policy document disclosed in this thread:

http://www.immigrationboards.com/viewtopic.php?t=110953

Before your friend applies he should at least write to his ex's last known address by recorded delivery, and attempt to contact her by phone, keeping notes of whether he got through or not, or what was said.

fisayo
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Location: MANCHESTER

please kitty

Post by fisayo » Fri Nov 30, 2012 12:03 am

hi, as regards to the matter my friend has tried harder and he is able to get two wage slips for the last two months of divorce as e,g the divorce starts in july and Decree absolute issue in october.

the ex just give sept and oct

please she refused totally to give anything more.

please what can my friend do now.?

thanks in advance for taking time for me.

austin100
Junior Member
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Read regulation 10(5) 2006

Post by austin100 » Sat Dec 01, 2012 12:31 am

Well, tell your friend to Apply for a retention. Based on Regulation 10 (5) 2006. He should be a worker as though it was the EEA, one year they lived in the uk (proof), decree Absolute that the marriage lasted three years. The regulation does not specify you must provide proof of the EEA working or exercising treaty right as at the time of divorce.
Note: Only in a case were a RC has not been issued before, the regulation state further that , the non-EEA must provide this proof of exercising treaty right & EEA I D. And also the marriage lasted for 3yrs, Decree absolute,1year lived in uk proof.
And write a letter stating this regulation and explain how the marriage ended.ok

fisayo
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Location: MANCHESTER

thanks austin

Post by fisayo » Sat Dec 01, 2012 1:20 am

thank you for the important advise , i am going to advise him to do just that,as he is very worried.

please if i may ask , has this happen to someone you know before?

Obie
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Re: Read regulation 10(5) 2006

Post by Obie » Sat Dec 01, 2012 5:10 am

austin100 wrote:Well, tell your friend to Apply for a retention. Based on Regulation 10 (5) 2006. He should be a worker as though it was the EEA, one year they lived in the uk (proof), decree Absolute that the marriage lasted three years. The regulation does not specify you must provide proof of the EEA working or exercising treaty right as at the time of divorce.
Note: Only in a case were a RC has not been issued before, the regulation state further that , the non-EEA must provide this proof of exercising treaty right & EEA I D. And also the marriage lasted for 3yrs, Decree absolute,1year lived in uk proof.
And write a letter stating this regulation and explain how the marriage ended.ok
The regulation does not say so per sa, but it is the UKBA 's view that someone cannot retain something which they dont have, and simply holding a residence does not mean that someone has right of residence. It is then required that the person show they have a right of residence at divorce in order for them to be able to retain it.
Smooth seas do not make skilful sailors

austin100
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Chapter 5 of UKBA

Post by austin100 » Sat Dec 01, 2012 10:42 am

Thank Obie, Well the UKBA Chapter5 regarding Retaining of residence Card states that as well. So, I would suggest that your friend should show that he is in employment or self - employment as at the time the divorce took place and is till in pursuit of employment. That is what the regulation and guide require. So state this part to them when applying with EEA2.
The EU regulation made a provision for this , because they know some marriage end unsettled. And also goggle SOLVIT(ec.europa.eu) ,go to the contact page , you will find the london or uk centre. And lodge you concern. if you need more legal assistant. They are European Commission, that deals with your right and wrong interpretation of the EU law by host State.

fisayo
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Joined: Thu Nov 04, 2010 8:15 pm
Location: MANCHESTER

austin 100.

Post by fisayo » Sat Dec 01, 2012 2:21 pm

please if i may ask , can he also submit the last two payslips he got from his ex together with the letter as advised?

thank you so much austin100.

austin100
Junior Member
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Section to fill

Post by austin100 » Sat Dec 01, 2012 5:56 pm

Well , try and keep the application simple
Fill.
section 1
Section 2 : if there are dependant
Section 3: for your EEA , even though you don't have the passport or I.D
Section 4: Very important for Retention. Check the one that is pertaining to him. 4.1 To 4.7 & 4.17
Section 10:
Section 11: Tick passport for yourself
Section 12:
Tick passport of yourself, tick filled section 4
Tick proof of residence
Section13:
Finally check list of what you put the application

ravii
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Location: Dorset

Post by ravii » Sat Dec 01, 2012 6:27 pm

I retain my rights of residence but I did not filled section 3.
Best regards

austin100
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Post by austin100 » Sat Dec 01, 2012 8:55 pm

well it it better to fill section 3 , it will cost you nothing

Obie
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Re: Chapter 5 of UKBA

Post by Obie » Sun Dec 02, 2012 12:06 am

austin100 wrote:Thank Obie, Well the UKBA Chapter5 regarding Retaining of residence Card states that as well. So, I would suggest that your friend should show that he is in employment or self - employment as at the time the divorce took place and is till in pursuit of employment. That is what the regulation and guide require. So state this part to them when applying with EEA2.
The EU regulation made a provision for this , because they know some marriage end unsettled. And also goggle SOLVIT(ec.europa.eu) ,go to the contact page , you will find the london or uk centre. And lodge you concern. if you need more legal assistant. They are European Commission, that deals with your right and wrong interpretation of the EU law by host State.
Well chapter 5 is not the law of the land and UKBA shows complete disregard to many aspects of it. I think i will stick to the law as interpreted by the courts,the most recent of which is Amos.

I this it will be wholly misleading for someone to say that their is not an evidential burden on a person applying for retention of residence to show their former spouse was qualified at time of divorce.

I dont agree with the UKBA, and i believe the CJEU may not agree with this if a reference is made,but as things stand,thats the way the law is interpreted.
Smooth seas do not make skilful sailors

fisayo
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Location: MANCHESTER

thanks please if i may repeat.

Post by fisayo » Sun Dec 02, 2012 12:38 am

can he includes the last two payslips he got from the ex with the application?

thanks

fisayo
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Location: MANCHESTER

Post by fisayo » Sun Dec 02, 2012 12:40 am

[quote="ravii"]I retain my rights of residence but I did not filled section 3.[/quote]


ravii, is it the same story if i may ask ,did you get proof of your ex exercising treaty right?

ccccp
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Post by ccccp » Sun Dec 02, 2012 1:01 am

Well I am in the similar situation.
I seen to many solicitors even seen barrister .
according to EU ADVISE http://ec.europa.eu/citizensrights/fron ... dex_en.htm
My concern was proving 3 years or 1 year but this cover all points.
You do not have to prove lawful residence in the host member state for the three years. All that needs to be proven is that you and your ex-partner spent a year in the Host Member State (the UK), as married partners.

Your question is regulated by Directive 2004/38, in part under Article 13 paragraph 2 (a).

References under Article 13 paragraph 2 to children or to domestic violence do not appear to be relevant insofar, as the facts you relate in your question are silent with respect to either of these factors (children or the existence of domestic violence).

Under UK law, the short answer to your question is that you will be required to prove that your ex-spouse was exercising a right of residence under the Directive or EU law, at the time when your divorce decree absolute is pronounced.

UK law does not allow you to invoke an independent right of residence independently.

I. EU law, Directive 2004/38 Article 13 paragraph 2:

Article 13 paragraph 2 (a) provides as follows:
2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination of the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of residence of a Union citizen's family members who are not nationals of a Member State where:

(a) prior to initiation of the divorce or annulment proceedings or termination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State;

[....]

Before acquiring the right of permanent residence, the right of residence of the persons concerned shall remain subject to the requirement that they are able to show that they are workers or self-employed persons or that they have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State during their period of residence and have comprehensive sickness insurance cover in the host Member State, or that they are members of the family, already constituted in the host Member State, of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4). Such family members shall retain their right of residence exclusively on personal basis.

Accordingly, you must prove prior residence for 12 months in the UK as condition for the retention of your right of residence in the UK.

On the basis of the facts elicited in your post, it appears that where you are able to prove your claim, you may be eligible for the retention of the right of residence under Article 13 Directive 2004/38.

II. UK law: Regulation 10 (5) of the EEA 2006 Regulations.

Article 13 paragraph 2 (a) in turn is transposed under UK law in the form of Regulation 10 (5) of the EEA Regulations 2006 (http://www.legislation.gov.uk/uksi/2006 ... on/10/made).

The 2006 EEA Regulations appear to take a restrictive interpretation of the entitlements enacted under Directive 2004/38, which is inconsistent with the principles of EU law, as reiterated on many occasions by the Court of Justice of the EU (most notably in case Metock case C-127/08 at paragraphs 84 and 93).
So Under UK law, required to prove that your ex-spouse was exercising a right of residence under the Directive or EU law, at the time when your divorce decree absolute is pronounced.
Well not easy but if I did call revune and custom and ask statement of income for me and accsentedly for my wife, they sent both will not help you as only cover period until April 2011 but butter than nothing.
I went to here work plays and spoke to her boss and ask for letter confirming employment.
I would say nothing impossible.
Bottom line as may ECJ ruling the burden of proof in on Secretary of state
not you in other word HO has to prove that you don't have rights which is not easy. Do as much as you can as key point is exercising a right of residence under the Directive or EU law, at the time when your divorce decree absolute is pronounced.
When I asked HO they totaly omitted in the answer this point at all.
Good luck and keep us updated

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