Page 1 of 1
EEA2 and spouse died before one year of marriage
Posted: Sun Jun 26, 2011 11:07 am
by jimmyharris
Hi There,
My case is so different.I m on EEA2 and my german wife died after 6 months of marriage.
Can i retain the rights of residency and work.
Or do i have to leave the country as we have not been married for a year?
Is there anyway i can retain the my RC rights and can i apply for british citizenship as well.
Posted: Sun Jun 26, 2011 11:46 am
by 86ti
Sorry for your loss but as far as I understand the
EEA regulations residence must have been at least for one year to be able to retain rights. For UK citizenship you would first have to acquire permanent residence.
Posted: Sun Jun 26, 2011 1:50 pm
by jimmyharris
Hi Guru,
i have been living in uk for 03 years on work-permit and my marriage with EEA national been nearly six months before she died.
we got married in January and she died on 05th of june,
As i have been more than 03 years in uk(currently on EEA2) but AS a spouse only six months.
which is not one year.
so what options do i have to retain right of residency?
Thank you very much of your time and help
Posted: Sun Jun 26, 2011 2:14 pm
by 86ti
The crucial bit about the link above is "in accordance with the regulations". You can obviously only claim six months. I think you would have to qualify on your own to be able to legally stay in the UK, maybe by getting on a work permit again?
Posted: Sun Jun 26, 2011 10:02 pm
by Directive/2004/38/EC
When did you start living with your German wife?
The rules are pretty clear, but there is also the option for member states to be more generous than the rules state, and to take into consideration compassionate situations. You could always apply and see what UKBA says - may be best to do it in conjunction with a good lawyer.
Posted: Sun Jun 26, 2011 11:53 pm
by El shaddai
You really need a very competent lawyer.
Posted: Wed Jun 29, 2011 12:11 pm
by jimmyharris
Directive/2004/38/EC wrote:When did you start living with your German wife?
The rules are pretty clear, but there is also the option for member states to be more generous than the rules state, and to take into consideration compassionate situations. You could always apply and see what UKBA says - may be best to do it in conjunction with a good lawyer.
"we lived together nearly 6 months in a marriage relation but i lived alone 3 years before on work permit.
There is no other way i can get any work-permit.so what other option do i have.
Thnx for your time"
Posted: Wed Jun 29, 2011 1:06 pm
by Directive/2004/38/EC
Difficult.
Posted: Wed Jun 29, 2011 1:28 pm
by Obie
jimmyharris wrote:"we lived together nearly 6 months in a marriage relation but i lived alone 3 years before on work permit.
There is no other way i can get any work-permit.so what other option do i have.
Thnx for your time"
If you lived together in a relationship akin to marriage for 3 years, in the UK , and she was exercising treaty rights during that period, and the durable relationship subsequently led to marriage, and you have proof of this. You may have a case. It is worth getting all the proofs together and making a proper representation. Who know, it could end up with a success, a discretionary leave could be issued, or the case could make it very far.