divorced EEA4 application with dependant

michelinha · Post by **michelinha** » Fri Mar 12, 2010 2:41 pm

I would like to know if anybody has applied for EEA4 as a divorced with a child? My son isnt an EEA national.
Got married to EEA citizen in 2004, got 5 years exp. in 4/2010, after 3 years got divorced and apply again to "retain the right of residence" (what my solicitor callled), the HO issued me another 5 years exp. 4/2014
So my question is can I apply for PR or Naturalisation, as the first 5 years is past now?
Would they make more dificult because Im a single mother now? Please anyone, as my son only have turist visa for another month?

John · Post by **John** » Sat Mar 13, 2010 7:37 am

It is good that you got a new Residence Card because that confirms that UKBA accept that you have retained rights. How that the 5-year point is near, submit a form EEA4 to get confirmation of PR .... Permanent Residence.

Once you have had PR for one year you can apply for Naturalisation as British.

thsths · Post by **thsths** » Sat Mar 13, 2010 8:16 am

michelinha wrote:Would they make more dificult because Im a single mother now? Please anyone, as my son only have turist visa for another month?

There are a few things to consider. What is the nationality of your child? Assume he inherited the EEA nationality of the father everything should be alright, although getting the paperwork sorted can be quite an effort.

But why would he be on a tourist visa? And a tourist visa is not valid for living in the UK anyway, it is only for visiting. So you could be in a gray area already.

According to EU you retain the right of residence on a strictly personal basis, so you son cannot benefit from the retention (until you have PR, that is). However, you would have a case under Human Rights.

Now if you got married in 2004 within the UK, you can get PR 5 years later, which means you already qualify.

As you can see, it is not easy, and I hope you can fill in some of the gaps. If in doubt ask a solicitor, as there are many factors to consider.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 9:29 am

Thanks for your replay Thsths,

My son is not from my ex husband, he was born after we got separeted. He was born in my country and stayed there for 3 years and now I brought him to UK with a turist visa.
5years will be reached in 20/4/2010. I was thinking to apply to PR and incluide my son as depedant....But I wasnt too sure about it.
So do you think if I apply for a PR the HO will accept him to be incluided into my PR later even if my son wont have a visa, actually will be ilegal here.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 9:33 am

Hi John

thanks for your replay.
It will be 5 years in 20/4/2010, and my son is not from my ex EEA husband.
And yeah thats I wanna do apply for PR, but not to sure to incluide my son.

thanks

thsths · Post by **thsths** » Sat Mar 13, 2010 12:31 pm

michelinha wrote:My son is not from my ex husband, he was born after we got separeted. He was born in my country and stayed there for 3 years and now I brought him to UK with a turist visa.

I think you need to post a time line, because this case is getting more complicated.

The problem is that you lose your status if you stay out of the UK for too long. Now the exact rules are quite tricky, but any period of absence longer than 3 months puts your right of residence at risk (unless you have PR).

Also your baby was born in 2006 or 2007, which makes me wonder whether the UKBA would consider your marriage genuine.

So my guess is that you may not be covered by European right of free movement, and you should try to figure that out, and maybe consider other options.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 2:46 pm

OK I will try thsths,
Got married in 12/2004 got my RC in 04/2005 valid for 5 years. After a year my marriage broke down but we DID NOT started any divorce proceding.
So just after I got pregnant and my son was born in 12/2006. My son stayed in my country and I came back to UK as my ex husband started the divorce.
So in 2008 when the divorce was granted. I ve applied for Right of Retention of Residence. But never mentioned my son back home.
Of course i went back home many times to see him, and in 10/2009, I ve brought him here to live with me, thats why he got a turist visa.
When I ve sent my documents to retain the right of residency, I ve sent nothing of my ex husband, apart from a copy of his passport, even tough they never questioned the autencity my marriage.

thank you for your help.

thsths · Post by **thsths** » Sat Mar 13, 2010 3:19 pm

michelinha wrote:I ve applied for Right of Retention of Residence. But never mentioned my son back home.

There is the very real possibility that the omission will be considered fraud. So I think you should take it to a good solicitor and see how you can rescue the situation.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 4:19 pm

Well at the time, my solicitor said would be better not mention him after we could incluid him on my visa. My son never lived here so I cant see not incluied him in an application could be considered as a fraud!
I never had any application turned down by the HO every time I do get a solicitor.
But this time I was thinking to do it myself.

thanks.

thsths · Post by **thsths** » Sat Mar 13, 2010 6:40 pm

michelinha wrote:Well at the time, my solicitor said would be better not mention him after we could incluid him on my visa. My son never lived here so I cant see not incluied him in an application could be considered as a fraud!

I guess the form never asked that question, so it may be ok.

But now you have to tell them, and it will raise the issue of whether it was a marriage of convenience or not. That's why I would recommend a solicitor - because you have to make a convincing case that it was not. You can be sure that this case will be handled by a senior caseworker, and a very skeptical one, too.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 9:00 pm

Im sorry but why are you going about my marriage was for convenience?
The HO already granted me a Residence Card in 2005 and again I ve proven my Right of Retention of Residancy, its clear my marriage has nothing to do with that. Even the HO is convinced so I dont have to prove to anyone else.

thanks.

wet26 · Post by **wet26** » Sat Mar 13, 2010 9:12 pm

michelinha wrote:Im sorry but why are you going about my marriage was for convenience?
The HO already granted me a Residence Card in 2005 and again I ve proven my Right of Retention of Residancy, its clear my marriage has nothing to do with that. Even the HO is convinced so I dont have to prove to anyone else.

thanks.

The HO don't have the full story though do they...? You must admit that it is rather unusual for a recently married (and shortly thereafter separated) woman to fall pregnant to another man, then leave her child in a different country until she has obtained right of residence in the UK, and then bring her child to live in the UK permanently on a tourist visa.

michelinha · Post by **michelinha** » Sat Mar 13, 2010 9:34 pm

No I dont think its unsual to someone got separeted with a year! Are you from this planet? People separeted in less time than that! Actually Britiney Spears separeted with a DAY!

Well if I had a child by someone else, while I was SEPARETED FROM EX HUSBAND is got nothing to do with you, also!

I only came back to UK to deal with my divorce procedings. And didnt mention my son on my Right of Retention of Residency application because, IF YOU CAN READ MY SOLICITOR ADVISE ME TO DO SO.

Its true the HO dont know the whole story and they're not interested what isnt their business. Everything they 've asked for it, they have it. No wonder I have another visa until 2014.

Never heard that a non EEA has to give all the details to the HO why the marriage has broke down?

Weak up! thas why they hold a copy of the divorce procedings! You in other hand dont know absolutely nothing about non EEA Right of Retention of Residence, and if dont know better be quiet!

wet26 · Post by **wet26** » Sat Mar 13, 2010 9:49 pm

Yes, Britney Spears is an excellent example of someone else who entered into a marriage for the wrong reasons.

This is a public forum, there is no need to become irate because someone expressed an opinion that differs from one which you would like to hear.

Why did your solicitor advise you to remain silent about the fact that you have a child? Perhaps he knew it would adversely affect your application. It's called lying by omission.

Wanderer · Post by **Wanderer** » Sat Mar 13, 2010 9:49 pm

michelinha wrote:No I dont think its unsual to someone got separeted with a year! Are you from this planet? People separeted in less time than that! Actually Britiney Spears separeted with a DAY! :lol:

Well if I had a child by someone else, while I was SEPARETED FROM EX HUSBAND is got nothing to do with you, also!

I only came back to UK to deal with my divorce procedings. And didnt mention my son on my Right of Retention of Residency application because, IF YOU CAN READ MY SOLICITOR ADVISE ME TO DO SO.

Its true the HO dont know the whole story and they're not interested what isnt their business. Everything they 've asked for it, they have it. No wonder I have another visa until 2014.

Never heard that a non EEA has to give all the details to the HO why the marriage has broke down?

Weak up! thas why they hold a copy of the divorce procedings! You in other hand dont know absolutely nothing about non EEA Right of Retention of Residence, and if dont know better be quiet!

Somebody touched a nerve?

michelinha · Post by **michelinha** » Sat Mar 13, 2010 10:16 pm

Im not irrited. Im frustated I ve only asked a question and Wet26 has nothing to do with my private life.

Im here making questions regardind a PR application, if you dont know the answers, just be quiet I dont care if you think separeted with a year is suspicius, absurd or something unsual.

Im only here looking for answers for my questions.

If you wanna ask my solicitor why did he say to me not to mention my son and actually get an reasonable answer, perhaps you could claim my Â£600 back too!

michelinha · Post by **michelinha** » Wed Dec 01, 2010 12:57 pm

Hi Im here just to say after 3 1/2months I have received my passport back with my PR and my son with EEA family member visa for 5 years.

Thanks to Obbie and John who helped me so much with realistic information. thank you so much.

sleeper · Post by **sleeper** » Wed Dec 01, 2010 1:18 pm

What supporting documents did you provide with your EEA4 application? Did you send them any docs for your ex spouse (letters from employer, payslips etc. )? marrige divorce certificate?

tracy56 · Post by **tracy56** » Wed Dec 01, 2010 4:41 pm

hi , pls follow the advice of your solicitor , dont ever attempt submitt your application by yourself , HO will mess up your case if you do it your self , cos i agree with wet26 your case sound suspicious , that is marriage of convenience, go thro lawyer

bobobo · Post by **bobobo** » Wed Dec 01, 2010 5:20 pm

tracy56 read carefully she has already received her PR.....so no point in using a lawyer now....

michelinha · Post by **michelinha** » Wed Dec 01, 2010 6:28 pm

See Tracy you are SO WRONG never ever had any trouble with the HO

THEY ALREADY ISSUE ME A PR AND MY SON 5YEARS EEA FAMILY MEMBER VISA.

Again if dont know, dont talk about it. just be quiet.

sleeper · Post by **sleeper** » Wed Dec 01, 2010 9:07 pm

Hi Michellina

I'm in the same situation as you are. What're the documents you provided with your application? I have retained my rights of residence already. Have a new 5 years RC in my passport + letter confirming that. Due to apply for my PR next year July. Did you send HO any docs relating to your ex.

Many thanks.

michelinha · Post by **michelinha** » Wed Dec 01, 2010 11:04 pm

sleeper wrote:Hi Michellina

I'm in the same situation as you are. What're the documents you provided with your application? I have retained my rights of residence already. Have a new 5 years RC in my passport + letter confirming that. Due to apply for my PR next year July. Did you send HO any docs relating to your ex.

Many thanks.

Hi sleeper
I have sent a lot of documents in total was 233pages.
I've sent my ex husband employer's letter
bills in both our names
4 years bank statement of our joint account
married/divorce certificate
copy of his passport
gp cards
accoutant letter
tax return
insurance number payment's receipt
my business's receipts
all my son's documents
letter's from college
nursey's letter

hope this helped you a bit.

bobobo · Post by **bobobo** » Thu Dec 02, 2010 9:45 am

Congrats and thanks for the info michelinha. However just want to add that once you have retained your right of residence and want to apply for PR. You do NOT need to send any of your ex's documents. rather just the decree absolute. MC and the letter by HO confirming you retained rights of residence.

Just dont send any of your ex;s documents as that might open padora's box for you and HO go on to ask more documents from you....just a suggestion

Mary1 · Post by **Mary1** » Thu Dec 02, 2010 6:23 pm

Hi Michelinha

Congratulations and all the best

M

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divorced EEA4 application with dependant

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