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urgent help our family

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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pejman
Newly Registered
Posts: 3
Joined: Tue Aug 25, 2009 3:13 am

urgent help our family

Post by pejman » Wed Sep 09, 2009 6:10 pm

I am EEA national married with my husband Non EEA national july 2004. He came to UK with entry clearance , this visa was valid for one year, then we applied for eea2 and he got spouse visa for 1,1/2 year after that we re applied eea2 and in order to renew his spouse visa. The last time we were waiting for him to get indefinite leave to remain, but the home office refused our application as they I his EEA national wife failed to reconfirm my Treaty Rights in United Kingdom. But we have never received the letter the come office state they have sent us. Furthermore we have paid for two prepaid envelops in order for the home office to return our document. They have not used them, further more the date of birth of my sons is wrong in the refusal letter same as mine. We three appeal forms ait-1 forms for the immigration and asylum tribunal two forms are in my name one for my husband, I would have thought one was suppose to be in my sons name though the is eea national as well. We cannot re appeal this application,
When I applied for eea2 one must either be self employed, student, or full time working, in order to have treaty rights.
But I graduated and at this stage I am no longer a student, I am afraid that we get refused, as I amnot having a proper job I am not self employed nor a student anymore,? My husband is currently a student, Will he get a student visa in worse scenario ? Or what should I do , further to this my husband got assaulted and was a victim of crime when tree men tried to steal his bike and they broke his right ankle and this has not only affected us psychologically but also finance, and emotionally.
I am afraid of sending, his application off not having a solid treaty rights in uk. can you give us some advise urgently.
One last question is this true that if one stay on a student visa for over 10 years one will receive indefinite leave to remain?
kindly pejman

Obie
Moderator
Posts: 15166
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Sep 09, 2009 6:20 pm

If you came to the UK in 2004, then you qualify for Permanent Resident on form EEA3. This is calculated from the time you entered the UK. Five years of stay in the UK.

You husband depending on whether he came in the same time as you, should be applying for Permanent Resident Card on EEA 4.

Are you currently exercising your treaty rights as a Job seeker?which is allowed, or are you self-sufficient ? which is allowed too.
Smooth seas do not make skilful sailors

pejman
Newly Registered
Posts: 3
Joined: Tue Aug 25, 2009 3:13 am

urgent, help us

Post by pejman » Wed Sep 09, 2009 7:33 pm

After we married in the UK July 2004. My husband came back with me to Denmark and we stayed their for about 8-9 months and he then returned back to Iran. My son was born 24 Feb 2005 he was about 4 months old when my husband came to UK, with entry clearance visa, which was valid for about 1 year.
I came back to UK when my child was 2 months old. And my husband joined us from Iran. So my husband has not been in UK from 2004. Thank you.
If I go on job seeker at the job centre, I am not allowed to receive any benefits. kindly pejman

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