Right to Reside

[aniko23]

1994 December entering the UK from Hungary,working here with a 2 years visa as an au pair.
1997 short visit to Hungary with my partner from England,returned & got married in 06.1997
and lived together till 2001. he is an EEA national (southern Irish) and lived in the UK all his life.

i gained all my entry certificates in every 6 month,stayed here legally without public funds
in 2001 i received a right of residence stamp.
my marriage broke down & in July 2002 he then started divorce proceedings which became final in Nov 2002.
i was unaware of this until 2008. the marriage ended violently so i had no contact with either my husband or the courts.
i continued living in the UK, working until i lost my job in mid 2004
i then claimed jsa until 2006 when i became self employed for 3 month,unfortunately it did not work out,
so i returned to jsa until now.
At the moment i am temporarily ill & 11 weeks pregnant
My application for income support was denied due to my right to reside being denied.

under these circumstances do i have the right to reside in England?

Was i illegal here after i was divorced even though i had no idea i was divorced?
i was also working and paying tax + NI

Thanks for your time.
A

[John]

Hi, it would be all too easy to make an assumption, but I shall refrain from doing that. You do not actually state your nationality? Would that be Hungarian?

in 2001 i received a right of residence stamp.

Would that be a Permanent Residence stamp that was issued?

My application for income support was denied due to my right to reside being denied.

Especially if you do have Permanent Residence, you need to appeal against that decision.

[aniko23]

Hi...yes i am hungarian.

The residence stamp declairs that i have the right of residence as a family member of an EEA national,issued 2001 march-2006 march.

I would like to state that it was not a marriage of Convenience. so i dont know what your assumptions are?

I belive that by my divorce + my passport expiring in 2oo2,that became invalid. I was stupid enough not to apply for a new one while i was in full time employment....
What do you think??
Thanks[/quote]

[INSIDER]

Hungary is an EU member, so as a Hungarian national you have the right of residence in the UK independent of your ex-husband.

What exactly is the problem you have?

[aniko23]

I think you make it too easy...
Hungary is an A8 country & special rules apply particulary when it comes to benefits....
i have been refused Income Support under the grounds of right of residence.
its easyer to claim JSA because you count as a ex-worker>jobseeker,as soon as you become ill your right of residence is questioned,as you are no longer able to seek for work....& cannot claim income support.
It is a mild discrimination against people who are ill,lone parents.