retained the right of residence(ROR)holder &new non-eea

Hi,
I'm new in this forum, with a very important question from my side. I have seen, that this is very good forum and I will be very thankful to you guys, if some of you will try to help me out with your knowledge and experiences.

I'm retained the right of residence(RoR) holder, and I just got married again, back in my home country (Asia). Now the problem is this, that I can not visit my home country to meet my wife, because I'm not allowed to spend more than 6 months in whole period of 5 years probationary period ,(since I came in UK as EEA-family member) which i have used the period of 6 months already.

So in short, I'm not able to visit home country due to such condition of 6 months in 5 years. And as far as i think, Before getting the Permanent Residency I can not sponsor her as my spouse.

And more than 2 years and 3 month are left to apply for PR. And it will take maybe more 6 to 7 months, so will be around 3 years.

So it is very complicated situation for me now. I want to get her in UK for at least couple of months. But I dont know HOW. What are the possibilities I can use in such situation.

Question is very technical but for me, this question is very very important, so i request you to guide me and help me out. I will be very thankful for your help.

thanks

In general, beneficiaries of the directive can be absent for six months per year without affecting residence. This is different to what you appear to believe, ie 6 months in a five-year period.

ehsan_iqbal wrote:Hi,
I'm new in this forum, with a very important question from my side. I have seen, that this is very good forum and I will be very thankful to you guys, if some of you will try to help me out with your knowledge and experiences.

I'm retained the right of residence(RoR) holder, and I just got married again, back in my home country (Asia). Now the problem is this, that I can not visit my home country to meet my wife, because I'm not allowed to spend more than 6 months in whole period of 5 years probationary period ,(since I came in UK as EEA-family member) which i have used the period of 6 months already.

So in short, I'm not able to visit home country due to such condition of 6 months in 5 years. And as far as i think, Before getting the Permanent Residency I can not sponsor her as my spouse.

And more than 2 years and 3 month are left to apply for PR. And it will take maybe more 6 to 7 months, so will be around 3 years.

So it is very complicated situation for me now. I want to get her in UK for at least couple of months. But I dont know HOW. What are the possibilities I can use in such situation.

Question is very technical but for me, this question is very very important, so i request you to guide me and help me out. I will be very thankful for your help.

thanks

It's 6 months per year and then again, you should think those factors through before you marry someone and leave them! Even if you get PR later this would still create lots of problems in getting your wife to the UK as the rules will most definitely be stricter so you have to find another way of getting your wife in NOW, no point in waiting till you get PR. I personally don't see it happening unless she possesses amazing skills and falls under the highly skilled programme. Or she can become a student and if you guys can afford it live here and study masters or something, even English language. I don't envy your situation, but worst comes to the worst, you can always go back for 6 months EVERY YEAR! the only problem with that is that I cannot imagine you being an employee and having that much time off, so you either must have a business and be self-employed, or be self-sufficient and have Comprehensive Sickness Insurance during your absence! So that you are exercising treaty rights as if you were an EEA national!

are you sure guys that it is 6 months for every single year, not for whole period of 5 years. And if you don't mind then can you show me some source?

ehsan_iqbal wrote:are you sure guys that it is 6 months for every single year, not for whole period of 5 years. And if you don't mind then can you show me some source?

http://www.legislation.gov.uk/uksi/2006 ... ion/3/made

have a good look at subsection 3(2)(a):
Continuity of residence is not affected by —

(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;

ehsan_iqbal wrote:are you sure guys that it is 6 months for every single year, not for whole period of 5 years. And if you don't mind then can you show me some source?

google dir 2004/38/ec

... and be aware of all its implications. Please read the lot.

EUsmileWEallsmile wrote:
google dir 2004/38/ec

... and be aware of all its implications. Please read the lot.

))))))))))))))))) a bit general isn't it... be aware of its implications by doing some lengthy research...read the lot! WAHAHAHAHAHA

thanks very much for your help guys. All of you have solved very big problem of mine, trust me. By the way, can she (my wife) come to visit me in UK on Visit visa? If yes. Then can/does she have to mention in her visa application that she wants to meet me that's why she is applying for visit visa.

I mean,

1) is it good to mention?
2) or it is bad to mention?

There are questions on visit visa application form about marital status, husband's name and date-of-birth. If she will give these all details. Then the embassy will get know that husband is living in UK. Any how, she can not hide it, as far as i understand. Then how she can try to show some any other reason to visit UK, than to meet me (husband).

what would you say about this situation guys? is there any other possibility to get her here for some short period of time?

note : in all cases of application, she has to give her marital status detail, my name and date of birth. she can not hide it, as far as i understand. so please before giving me your advice, keep this thing in mind.

thanks again.

mcovet wrote:

EUsmileWEallsmile wrote:
google dir 2004/38/ec

... and be aware of all its implications. Please read the lot.

:)))))))))))))))))) a bit general isn't it... be aware of its implications by doing some lengthy research...read the lot! WAHAHAHAHAHA

I was not joking, anyone who benefits from the directive and in particular the OP should at least read it. In this particular case, it would appear that he had not or at least had not fully understood.

I am not familiar with his precise circumstances, but there are conditions attached to his stay in the UK, in particular articles 13 and 14. He needs to be aware of them.

After reading it and if he still has questions, he can ask them.

ehsan_iqbal wrote:thanks very much for your help guys. All of you have solved very big problem of mine, trust me. By the way, can she (my wife) come to visit me in UK on Visit visa? If yes. Then can/does she have to mention in her visa application that she wants to meet me that's why she is applying for visit visa.

I mean,

1) is it good to mention?
2) or it is bad to mention?

There are questions on visit visa application form about marital status, husband's name and date-of-birth. If she will give these all details. Then the embassy will get know that husband is living in UK. Any how, she can not hide it, as far as i understand. Then how she can try to show some any other reason to visit UK, than to meet me (husband).

what would you say about this situation guys? is there any other possibility to get her here for some short period of time?

note : in all cases of application, she has to give her marital status detail, my name and date of birth. she can not hide it, as far as i understand. so please before giving me your advice, keep this thing in mind.

thanks again.

You or rather she, needs to tell the truth. Failure to do so may lead to a refusal, disappointment or even a ban on applying for UK visas.

You might be better asking your questions on the visit section of this forum.

http://www.immigrationboards.com/viewforum.php?f=3

thanks to all of you. thanks very much.