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Hi there,

Hope you can answer my questions, as I spoke to 3 lawyers, and so far each one told me different things, and I don't know who to believe. Seems they just want my money.
Basically, I'm a Russian national living in the UK on an EEA family permit. Me and my husband got separated a couple of years ago, and my permit is ending this August. A year ago I went to see an immigration lawyer wanting to apply for a PR. My husband had cancelled his CSI without telling me, thus he had not been exercising EU treaty rights as he is a full-time PhD student. The solicitor, however, told me it's ok to apply. A few months later (after charging me 1.5k) she announced I can't apply and I need to apply for another EEA card.. and naturally pay her another 1.5k. This made me wonder..
First of all, now I see that I paid 1.5k for my stupidity, since they knew perfectly well I would not qualify, yet they still charged me money. Anyhow, I learned from my experience, and don't don't really feel like paying another 1.5 grand for nothing. Next July will be 10 years in the UK for me. So, my question is, is there a point in applying for another EEA card at all? Or can I just wait for a year and apply for an ILR through a 10y route? Seeing how I don't technically need any documents confirming my rights to stay here, as I am still a family member of an EU citizen.. I don't mind not leaving the country until then. Doing my PhD, so got things to do. Also, if I do need to apply for a new one, would I get it, as my ex didn't have the insurance? Now he does, as do I. And can I just do it myself? Don't feel like it's worth paying that much money that I'd rather keep.
Thanks in advance!

If in the retainer agreement it is stipulated that a certain level of work will be undertaken and the lawyer failed to do this, then you should claim your money back or report the matter to the SRA. Solicitors cannot go around taking clients money and doing nothing in returns , they give a bad name to the profession and you have to make sure they are held to account.

When exactly did your ex cancel the CSI? Was it before or after the petition has been lodged.

With 10 years residence , you will need to show that the time spent under the Regulations, was in a lawful capacity.

That is , your ex husband was exercising treaty right throughput.

Thanks for your reply!
Well, I emailed my lawyer questioning their actions. Yet to get the reply. So, you are saying I can try to claim my money back?

He doesn't know when he cancelled it, some time after we split up, he said. What's worse, he doesn't even remember the name of the company that issued the HI.

So, if I got you right, I will not be able to apply for an ILR even though I will have spent 10 years here?

Lastly, what do I do??

If the work you paid for was not carried out, then you are entitled to reimbursement of your paid fees.

Yes, for ILR, you need to demonstrate that your Wife was exercising treaty during the period that you are seeking to claim right under the treaty.

What was your partner doing during the period of your divorce.

We are not divorced, just separated.
My ex is (and had been) a full-time fully funded PhD student.

Can I apply for another EEA card? I would like to finish my PhD...

Did he ever work in the UK

yes he did, not for long though.

What if i divorce? Can I get retained residency?

You should be able to, as you appear on the face,to meets the qualifying criteria.

I guess he is still doing the PHD course, and therefore a Medical insurance may need to be obtained.

Is he prepared to support you with his documents.

It is unclear why your lawyer said you will not qualify.

Thank you very much for clarifying this for me!

I had bought him insurance last month. I have had the insurance for much longer, but I guess it doesn't matter.
So, would he be exercising Treaty rights if he is a student and has an insurance? He might be getting a temp job at uni.

Depending on you particular circumstances, you may be able to Secure a retained Right of Residence After Divorce.

Thanks, I'll speak to another solicitor i guess

catinabox wrote:Thanks, I'll speak to another solicitor i guess

Hopefully it will be a good one this time.