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Do I have still right to remain in uk

Posted: Sun Feb 28, 2010 1:44 pm
by Malik123
I am married to EEA national since Jan,2007.we moved in uk Jan,2009.I applied for residence card in jan,2009.it took almost a year to get my residence card which I have recieved in Jan,2010.residence card is from Jan,2010 to Jan,2015. Unfortunately we decided to seprate and have applied for divorce at 18th Feb,2010.my eea partner was exercising selfsufficient treaty rights in uk since a year. Would I will retain the rights to remain in uk?
I am non eea national unfortunately. Would appreciate for any suggestions. Cheers

Posted: Sun Feb 28, 2010 2:08 pm
by Pakhtoon
If you can prove that your wife was exercising her treaty rights during the one year that you spent together in UK, then I think you can retain your rights.

Posted: Sun Feb 28, 2010 4:47 pm
by Wanderer
Hmm, married exactly three years, exactly one if which was in the UK, hmm, exactly fills the requirement for PR. That's great luck!

Good job I'm not the suspicious type but the ECO might be....

Posted: Sun Feb 28, 2010 7:16 pm
by Rozen
Wanderer wrote:Hmm, married exactly three years, exactly one if which was in the UK, hmm, exactly fills the requirement for PR. That's great luck!

Good job I'm not the suspicious type but the ECO might be....
:lol:

Posted: Sun Feb 28, 2010 8:49 pm
by Malik123
I was expecting to have suggestions not to make fun of me.Please advise will I retain my residence rights or not?I don't give a damn to ECO. Because every thing is 100% legal

Posted: Sun Feb 28, 2010 9:08 pm
by vegeta_2009
whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck

Posted: Sun Feb 28, 2010 9:38 pm
by Pakhtoon
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
ECO = Entry Clearence Officer

Posted: Sun Feb 28, 2010 10:10 pm
by Wanderer
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.

Posted: Sun Feb 28, 2010 11:01 pm
by vegeta_2009
Malik, what you need to read is Chapter 5 point 5.4.2, it should list all the stuff you need.
Wanderer wrote:
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.
i thought the comprehensive insurance was only if you were applying on Self Sufficient grounds for the EEA national?

Posted: Mon Mar 01, 2010 9:06 am
by bobobo
Hi Wanderer - I wanted to cross check this with you, my understanding is that if you are divorced from an EU spouse and if YOU HAVE BEEN GRANTED AN EEA FP before, you might not need your ex's passport. However one would need to satisfy the HO in terms of the EEA spouse exercising rights from the initiation of divorce until the decree absolute + everything that the EEA national has done in the last X amount of years they were in UK which would count towards exercising treaty rights.

I am correct in believing so.
thanks
Wanderer wrote:
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.

Posted: Mon Mar 01, 2010 9:07 am
by bobobo
Sorry Wanderer the last line should have been:
"Am I Correct in this assumption"
My apologies for the adamant tone.
bobobo wrote:Hi Wanderer - I wanted to cross check this with you, my understanding is that if you are divorced from an EU spouse and if YOU HAVE BEEN GRANTED AN EEA FP before, you might not need your ex's passport. However one would need to satisfy the HO in terms of the EEA spouse exercising rights from the initiation of divorce until the decree absolute + everything that the EEA national has done in the last X amount of years they were in UK which would count towards exercising treaty rights.

I am correct in believing so.
thanks
Wanderer wrote:
vegeta_2009 wrote:whats ECO?

Malik, the qualifying period is only half the work you still need to satisfy the HO requirements for all the documents they require.

Best of luck
And you'll need most likely her passport, and comprehensive health insurance cover for the period in UK.