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pls help

Posted: Fri Oct 16, 2015 8:15 am
by arleneauray
Hi everyone, i really need advice, im not sure if i will qualify for pr this november as there's a gapof my husband exercising treaty rights, my only hope is next year august, but it seems its impossible too. My question is if my application for pr for both said month is refused , what will happen to me, my visa expire
Next year of april, can i still legally work, my worries is we are separated now. Im a family member of eu national. If my employer ask me your visa expire and asking for proof that i can work i dont know what will i give.
Does it mean i have no right at all to work, as we are separated,
he has no plan to leave the country.
can u help me pls

Re: pls help

Posted: Fri Oct 16, 2015 12:14 pm
by arleneauray
Anybody, wil i be deported or i still have the right as we ate still married. Pls help

Re: pls help

Posted: Fri Oct 16, 2015 5:58 pm
by noajthan
arleneauray wrote:Anybody, wil i be deported or i still have the right as we ate still married. Pls help
No you will not be deported.

You are still married so you are still a dependent family member of an EEA national (as long as the EEA national remains in UK & you remain married).

Note: A RC only confirms status & it is optional - it is not a 'visa' & so it does not grant your status.

If your spouse is exercising treaty rights in UK then your PR clock is still running.
If there is some doubt over acquiring PR just yet then you should at least apply for another RC if you need one to show an employer.

If it comes to divorce you may be able to retain rights of residence in UK; (cross that bridge in future, if it ever happens)

For that gap you mentioned, how long was it for & what was spouse doing at the time?

Re: pls help

Posted: Fri Oct 16, 2015 8:22 pm
by arleneauray
He stopped working for 2 months but didnt apply for hib centre.
If i will apply for another residence card, it will be ok even we are separated, the home office will not question this?it is not marriage for convenience we been together for 4 years before we separated. And my husband was lazy and on and off to his work. Thats why i cannot guarantee my pr....

Re: pls help

Posted: Sat Oct 17, 2015 9:37 am
by sheraz7

Re: pls help

Posted: Sat Oct 17, 2015 1:12 pm
by arleneauray
Hi thanks for reply, i read the thread but your saying its very risky to take another residence card, i will still try to apply for pr but if its unsuccessful, what is possible thing that would happen to me, can i still work, employers will definitely ask for my residence card and if its expired can i show my marriage certificate that im legally married but im separated? I dont know what to do... if i can still work legally not breaking any law even we are separated and i wont be deported then im happy with that. ..,

Re: pls help

Posted: Sat Oct 17, 2015 4:27 pm
by sheraz7
As told earlier in other similar thread that despite a non-eu national is still treated as EU family member even when he is being separated but still the 2nd RC application under such circumstances can be difficult to succeed. Therefore, if your eu partner agrees to help you then preferably you must apply for PR which will yield its acknowledgement confirming your right to work and the same you can give to your employer. However, if your application gets refused then you can appeal as well and the same paper work you can give to your employer again and your employer can check your right to work straight from ukba helpline too:
https://www.gov.uk/check-job-applicant-right-to-work

Re: pls help

Posted: Tue Nov 03, 2015 11:16 am
by arleneauray
Hello, one last question, is life in the uk test a requirement to apply for pr? Thank you for the reply.

Re: pls help

Posted: Tue Nov 03, 2015 11:23 am
by Casa
No, only if you apply later for British Citizenship

Re: pls help

Posted: Tue Nov 03, 2015 11:27 am
by arleneauray
Thank you very big!!