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renew my family permit
Posted: Thu Feb 07, 2019 6:09 pm
by meyigre
I am a non EEA, i have a family permit wich will expired by april, i am seperate with my europeen husband, but we have 3 children. for more than 3 years we are separated, and i live and work in belgium, but i normaly come to the uk every monthto see my kids. He doesn t want to help me renew my family permit. How can i do to renew it like seperated wife.
thanks
Re: renew my family permit
Posted: Thu Feb 07, 2019 8:08 pm
by kamoe
For how long were you legally married?
Were did you live with your husband when you were married?
What are your children's ages? Their nationality?
Re: renew my family permit
Posted: Thu Feb 07, 2019 9:36 pm
by meyigre
We heve been married for 14 years. He is italian and i am camerounian. . The children are all cameroonians . But all in uk . 21 years and 17 years. ( twins). We joined him in the uk in 2012. And we seperate in 2016 because my life was miserable there. I am a dentist and i couldn find a job there. I am now in belgium there i have my dental practice. But i need the family permit because i want To be abble To visit my children when ever i need.
Re: renew my family permit
Posted: Fri Feb 08, 2019 8:40 am
by kamoe
Are you only separated or already legally divorced? And do you currently have a 6-month family permit, or a 5-year Residence Card?
Re: renew my family permit
Posted: Sat Feb 09, 2019 6:53 am
by meyigre
Hello
I have a five years wich Will expire in a few mounth
.we are seperate and not in contact for more than 2 years. We never see and we never talk To each other .
Re: renew my family permit
Posted: Sat Feb 09, 2019 1:05 pm
by kamoe
It is my understanding that, since you lived in the UK for more than a year with your husband, and since your marriage lasted more than 3 years, you could qualify for a Retained Right of Residence card. However, for this, you need to be legally divorced, and you need to be residing in the UK at the time of termination of the marriage.
It is also my understanding that there is no route to apply for an RC as a separated-only spouse. Although as a separated spouse you still have the right to reside in the UK if the marriage has not officially ended, to renew your card, you have to do it either as a wife (husband documents and proof of continuous relationship are needed) or as ex-wife (decree absolute is needed).
Note that I am not a qualified immigration professional and this is only my best understanding of the legislation. I strongly advise you to get in touch with a qualified solicitor. Not only for the above but also because if you can no longer provide your husband's documentation, then your case -although not impossible- might take some time.
Now, you might also want to strongly consider if renewing your RC is the best route for you. Since your marriage ended and your children will all be adults within a year, and will presumably lead independent lives, a caseworker might consider that the center of your life is not really the UK. In that sense, to see your children you should normally apply for a visitor's visa, or have your children visit you in Belgium.