M96, I would add that you cannot apply for confirmation that you have retained a right of residence until your divorce is final. Until that point you continue to be legitimately in the UK as the family member of an EEA national, albeit that right still depends on your wife exercising treaty rights. ...
Punjab, it's a question of when you start counting the 5-year period leading to PR. If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is ...
1. Where are you currently living and working? (you mention your funds in Euros, and if you are living in another European country this will increase the options open to you). 2. If you apply for ILE but the UKBA does not consider that you meet the 4-year overseas requirement, then you should still ...
we were reused our family visitors visa.. we have appealed it. alsoas my partner is due to start back work in april, we are seriously considering with drwing the appeal and re applying for the visa. as we feel we have fully covered the points on the resual notice,,,,, whats peoples views on this. d...
Another thing, rights of access it states " (viii) the applicant holds a valid United Kingdom entry clearance for entry in this capacity." I don't have a visa how can i have valid entry clearance? The Immigration Rules set out the conditions for "leave to enter", which is the permission that you ar...
The main difference between to the two routes to consider is timing. It will probably take you around 6 months to get an appeal hearing. Then, if you are successful, you may need to wait a further 3 months to get the visa. What were the actual reasons for the refusal? In particular, an appeal (and l...
ruskcake, might the OP not prefer to make an application within the Immigration Rules from overseas instead of chasing DLR that may or may not be granted in-country some years down the line? He appears to have been open in his posts about his immigration history. Although the sentence you have seize...
We will appeal and see how we get on with the appeal. In any case, what's done is done, got to look foward what we can do in this situation. I know it is going to be tough but we will fight this case. If your husband has not passed a relevant English test, then I cannot see how your appeal will suc...
What are yoru and your husband's nationalities? You are still entitled to reside in the UK as your husband's "family member" for as long as you are legally married to him. This means until your civil marriage is legally dissolved. The Regulations do not allow you to "backdate" your qualifying period...
Note that she no longer needs to be over 21 in order to be eligible for a settlement visa. Some options: 1. Marry in the UK and apply for leave to remain as a spouse before her current leave expires. 2. Marry in the UK or NZ, and apply for a spouse visa from NZ. 3. Travel to NZ and apply for a fianc...
The fly in the ointment is that unmarried partners are not in quite the same position as spouses when it comes to European-track cases. An unmarried partner is an "extended family member", and does not have the same standalone right of residence as a spouse. Your boyfriend has only a right to have h...
As a British national, you can only make use of the European track in this way if you are returning to the UK from exercising treaty rights (working, basically) in another EEA state. So if you went and worked in Ireland, say, then you could be treated as an EEA national upon returning to the UK. You...
The wording on the webpage you linked is rather misleading. It could be read as suggesting that a spouse visa requires "maintenance funds" in bulk, like a PBS visa. But that's not the case (yet!). The requirement is that you are able to maintain yourselves "adequately without recourse to public fund...
If you have a contact order and meet the other requirements, you could leave the UK and apply for entry clearance as a parent with a right of access to a child resident in the UK . The benefit fo this route is that it is a cheap initial application, and currently leads to ILR after only 1 year. Howe...
thank you for your reply,can you suggest me when i can apply for PR i was married to eea national in march 2007 (eea national exercising her treaty right from 2005 and she got her PR in 6 December 2010) unfortunately we divorce in 29 December 2010 and i retain my ROR in February 2011,and please can...
You can marry in the UK without further immigration permission: contact your local Register Office for details of how to book a ceremony. After the wedding (and before his current leave expires), your husband should apply for further leave to remain as your spouse: http://www.ukba.homeoffice.gov.uk/...
The only reason I can think of that they might ask for the decree absolute would be to confirm the date on which your marriage actually ended (so as to show within what period the 5 year qualification for PR as a family member must have happened). They are concerned that your marriage might have end...
John2, you are still the "family member" of your Dutch national wife until the decree absolute is through. If you have been in the UK with her for 5 years while she has been exercising treaty rights or had PR, then you should have acquired PR as well. You only need to rely on retaining a right of re...
leky, you can appeal, and the appeal process could be useful to you in obtaining the documents you need. If you know where your husband is living, you can apply for a witness summons to force him to provide evidence to the Tribunal. Was your husband living in the UK during the whole 7 years of your ...
Where there is a child involved but the non-UK parent cannot qualify for entry as a spouse/partner because a divorce has not been finalised, I believe that it may be appropriate to apply for entry as a parent with a right of access to a child (paragraph 246). Although this category was created in or...
What reason did they give for not believing that the marriage was subsisting and/or that you intended to live together (281(iii))? If you get together evidence that shows that you met the requirements of the Rules at the date of the decision then you may appeal. The first step of the appeal is a rev...
Ordinarily a divorce certificate would be requested by an ECO to confirm that the marriage is not invalid because it is polygamous (if polygamy is against the domestic law in the country where the marriage was contracted). However, the relevant guidelines for European casework also say: It will be a...
Evidence you could include: Correspondence with the Register Office confirming that you can't book a wedding date until your fiancé is actually here, but that dates are still available for the period when you want to have the ceremony. Try emailing them so you get a reply in writing. Evidence of pla...
I think she could also count the time where she was setting up her business as "self-employment", if she has evidence of what she was doing. "Self-employed" should be interpreted broadly, with the understanding that people working on their own account may experience times where they are not working ...
