We are civil, it's just everyone must remember that when giving advice, it's not what is legal that counts, but what is PRACTICAL! In another post, with Megie83 you suggested that it doesn't matter what type of insurance, if any, she should obtain, whereas I suggested that, as she has a choice and a...
I think you should state that you are writing to inform them of the divorce, and that you retain the right of residence in the first letter with the copies, which you intend to send on 4 Jan 2010. There, you will also explain to them that the originals are not attached as you require them for the PR...
Ivan, there r conflicting views because this scenario has NOT gone to court on this issue! Contrary to what Obie has written about Baumbast! That case refers to those applying for a residence card and u can only cite it if u go to court to draw paralels. The fact that it says Guru under Obie's nick ...
Read through others' experience first http://www.immigrationboards.com/viewtopic.php?t=35293&highlight=eea2+divorce http://www.immigrationboards.com/viewtopic.php?t=32443&postdays=0&postorder=asc&highlight=retention+rights&start=0 http://www.immigrationboards.com/viewtopic.php?t=29457&highlight=eea+...
Dont know if u read other posts here esp. the one titled compr. ins.
In brief, on the EEA4 form they will ask for proof of exercising treaty rights and u wont be able to provide it. 5yrs from when u can prove CONTINUOUS exercise for 5 yrs.
Read through other topics here, will make it clear
It looks OK, with the exception that it refers to retention of rights. Send the letter with only the copies! And somply mention at the end that u r sending copies as u will become entitled to apply for PR in Feb and will need the originals then. Dont stress out at how formal the letter looks as long...
Have u read through all the links ive given u? Many people have been through the same already. Don't rush mate, make sure u have everyth. Write a covering letter. Also in Feb u will be eligible for PR! is it not better to apply straight for that, considering that ur letter will not be processed befo...
U r absolutely correct. While u were a worker, u did not require any private insurance. From when u stop being a worker u will need the insurance, Meggie, for the whole length. It is a must to obtain UK insurance in order to avoid unnecessary headache. Good luck! P.S. If u r working even part-time o...
See the caseworker instructions for PR! These are what the HO will look at when considering your app. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter6.pdf?view=Binary In particular, see paragraph 6.2 Completion of 5 years residency after having retained the right of...
See the caseworker instructions for PR! These are what the HO will look at when considering your app. http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter6.pdf?view=Binary In particular, see paragraph 6.2 Completion of 5 years residency after having retained the right of...
Also, Regulation 10(5) and (6) of the 2006 Regulations are also satisfied by you? Regulation 10 (5) A person satisfies the conditions in this paragraph if— (a) he ceased to be a family member of a qualified person on the termination of the marriage- TICK (b) he was residing in the United Kingdom i...
I understand your logic but then the whole essence of applying for a retained right of residence, is for the non eea to be able to apply for either the RC or PR on his/her own merits without the eea. - I AGREE and that is what I told you. So then how is it possible for the Ho to request the excersi...
check these links out. The HO cannot request anything after the divorce, but only proof of your "exercise of rights". The Regulations might be written with incorrect interpretation of the Directive2004/38, which takes precedence if, because of incorrect interpretation, you suffer. Have a read throug...
Think of it this way. What do u need the confirmation of retention of rights for? so u can apply for PR later. Let's say they had a separate stamp for u, and u have 2 morr years od working/being self-sufficient etc. They stamp your passport with that stamp but all thst gives u is the right to apply ...
No, u got it wrong. so from my understanding this is whats gonna happen: 1-Get Decree Absolute- Apply before or after, in both cases u will uae the same form and will need eea's id. 2-Apply for Retention of Rights (by sending a letter to the HO)- there is no such thing as "apply" for retention. This...
Yes, even though u r entitled to NHS, when u r a student u need a PRIVATE insurance. There was an identical discussion below. http://www.immigrationboards.com/viewtopic.php?t=47252 Hello everyone, My issue is about the EEA1 Certificate as a student. In order to fulfil the HO requirements, I need to ...
yes, they dont have a separate resid card for retention of rights. U dont really need a solicitor as at the moment u will not be getting anyth different from what u have. It's when it comes to applying for PR that u will need to show on what basis u r applying for PR. Although better than nothing, a...
I am even more convinced u can apply in Feb 2010 for PR on your own! I have labelled it incorrectly when i said U "exercised" treaty rights. Obviously U can't literally exercise those rights. But the time of that 1 yr required for u with ur wife to have lved together in the UK to retain the right of...
Dint be confused, they will ONLY ask u for proof of 5yrs exercise IF u were to stay together. When u apply for PR on the basis of having retained the right of resid, In order to retain the right of residence all u need to show is that: 1) u have been married for a minimum of 3 yrs- u have; 2) at lea...
There has been a thread about it on this forum somewhere, try to find it or ill do that when i get to my pc. In brief, All that u get by retaining your right of residence is that your card will be valid even without ur EEA national by your side, which is a prerequisite while you r married. Now, by "...
Hey, u need to have been living in accordance with the regulations for 5 years. Ur husband and yourself are treated separately. The thing u have heard about is, if u yourseld were an EU national and were your husband's dependant, he would include you in his application for PR. As regards you being a...
Strange discussion indeed, especially that our complaimant had his application refused on this very basis. The fact that there is no mention of the actual words medical insurance in tue caseworker instructions u proided, doesn't mean it is not REALLY ME TIONED! It is mentioned with reference! If u p...
