Immigrationboards.com

hello

im my self non eea national..i came to england on november 2005 i was married to an eea national so i came on family permit..and directly applied for eea2 and got it..meanwhile my parents came to the uk,my father is european but my mother isnt..after two years of marriage i got divorced in 2007 i was 18 back then...so i applied as being the daughter of a european national and they granted me again 5 years residence...now my father and mother completed there 5 years residence so they will be applying for eea3 and eea4...what abot me by now im almost 6 years in england..am i eligable to apply also for eea4?if i count since 2005 and i have payslips of my ex husband..i called twice the home office enquiries once they said yes the other they said no i have to wait one more year as my residence doesnt count for the days i was married pls help me with advice..

EEA4 is only intended for married couples
Unless you were married for at least 3 years and you could try to retain your right of residence

Since your father is an European, why don't you apply as a dependent of your father instead of relying on your ex-husband?

AnthCambs, I think EEA4 is for any non-EEA nationals applying for permanent residence under EU regulations, not just married couples.

But that's a very good idea you raised about her Da being the sponsor instead of her ex-husband.

I am not an expert, so this is opinion only.

As far as I understand it, to acquire PR requires 5 continuous years living in accordance with the Regulations. That date is not affected by the date when a Residence card is issued. A residence card merely confirms a right you already have.

So as AnthCambs already suggested, maybe this is the simplest solution?

Rather than worrying about whether your time spent with your spouse can be counted, just count the time from your Da exercising Treaty Rights in the UK.

If you were still under 21 at the time when your Da began exercising Treaty Rights in the UK, then you were automatically a family member of your European ( you mean EU/ EEA national ) parent whether you were married or divorced or not living in the same household with them.

It should not matter if you had a residence card for another reason ( such as being the wife of an EEA national). It should not matter what date the new residence card as the family member of an EEA parent was issued.

For the 5 years for PR purposes count the same time as your EEA Da exercising Treaty Rights in the UK.

If the EEA national parent completes five continuous years exercising Treaty Rights and so acquires PR and you have remained the family member of the EEA national parent, then you would have acquired PR too.

Therefore, whether you could have counted the time spent with your husband would not matter, as you only need 5 years residence living in accord with the Regulations and you have presumably completed that with your parents.

Thanks for it replies first. My dad came here and was living with me n my ex husband and I was 17 back then,n he was exercising his treaty rights always now in September he completed his five years . So do u suggest that I apply with my parents for pr? Y the home office advices not?where can I read more about my rights for the period I start to count? Thnx again

When did you get married originally?

I got married November 2005 I was 17

So you were 22 in Nov 2010?
What were you doing then? Working? Student?

Exactly. Yes studying

So you came to the UK in November 2005 and married the same month.
Your husband was working and you divorced some time in 2007.

Were one of your parents an EU citizen AND working the whole time between divorce and Nov 2010?

Over what period of time were you a student?

Yes and I was studying between 2008 and I did many courses

Over exactly what period were you a student?

From April 2007 to sept bet 2008 and from June 2011 till now

holland wrote:From April 2007 to sept bet 2008 and from June 2011 till now

And what were you doing between Sept 2008 and June 2011?

I wAs concentrating on getting my driving license

Thanks for the correction

EEA4 is for non-EEA nationals whom are married to EEA nationals, to appy for the confirmation of permanent residence.

===================================

3 years to get your driving license is a very poor reason to convince UKBA of the whereabout of your activities in the UK
You will perhaps need to clarify your financial support during that period and why you were not studying or employed.

If your parents are applying for PR/EEA4, why don't you just ask your dad to include you in their application and send all the 3 passports together.
There is more chance that you will get your PR this way.
The important thing will have to prove that you are depedent on him and his evidence of treaty rights and proof of residence for the last 5 years.
Are you staying with your parents? Do you have regular contact with them? Are any of your bill/bank statements registered at your parents' address?


Unless you fancy begging your ex for all the documents to support your retention of right of permanent residence.

AnthCambs wrote:EEA4 is for non-EEA nationals whom are married to EEA nationals, to appy for the confirmation of permanent residence.

EEA4 is not just for applicants who are married to EEA nationals.

In my opinion you acquired PR (automatically) in November 2010, having lived in UK for five years under the EEA Immigration Regulations.

Although you are not eligible for retention of rights after divorce (as you were married for less than three years) you were all those five years a family member of an EEA national exercising treaty rights in the UK(although not always the same individual EEA national, which is unusual but that should not be a problem). You will need to provide evidence that you were dependent on your father from the day you turned 21 until now (or at least until November 2010).

What puzzles me in your story is that you apparently have not inherited the nationality of your father. Why not?
Your nickname suggests that your father and/or your ex-husband are Dutch?

i live with my parents under the same roof since i got divorced so since 2007..and i have been fully financaily dependant on them..till now..i didnt gain the dutch nationality as he is not my real father..he is actualy my step dad and i grew up with him and my mum..and since i was in my country of origin we were living togather...im just confused as i went to solicitor and i paid her 130 pounds for advice and she said that my clock starts from the day i divorced my ex..as all those days dont count and now i have to wait till i completed five years as being under my parents umbrella..i called the ho european enquiries they said first yes you can apply as long as u can provide ur dad exercising his rights then i called for double check the same number said no u have to wait till 2012 now im so confused as my parents have completed there five years and i want to apply with them as a family..i dont want to engage my ex with any of it..thanks

You have an unusual situation. I would hope for better quality advice from your solicitor and from UKBA, but sadly often advisers do not deeply understand EU law.

yeah its very unusal..how can i get good advice..i dono where to get a good reliable advice..shell i apply with my parents ??and do i have a chance to get pr?

holland wrote:do i have a chance to get pr?

Most likely yes!

i hope so ...do u think im better with a solicitor?

As mentioned, it might be possible to count time with your husband but that would could involve proving Treaty Rights by your ex-husband and can be more complicated. Also, you have already completed the 5 years with your family anyway.

I don't see any problem with you applying along with your family. It seems the most straightforward and simplest way of doing it. Saves on the postage too.

It seems you can also easily prove residence with and dependency on your family since you turned 21.

However, I am not sure you would have to prove financial dependence if you were already an automatic family member and were issued a Residence card on that basis.

I believe all you have to prove is that you have remained part of the EEA national's household. ( Though - in your case - as you are also financially dependent there is no harm in including proof of that too.)

Perhaps someone can confirm this or explain if I have got it wrong?

----------------

UKBA website European case worker instructions Chapter 6 permanent residence:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

the EEA 2006 Regulations can be found here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The 2006 Regulations are the incorporation of the 2004 EU Directive into UK law.

The 2004 Directive can be found here:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I will give it a try.I will let u know the results if ur intrested

holland wrote:I will give it a try.I will let u know the results if ur intrested

Unless you are in a rush, go a bit slowly. Learn and try to figure out the rules. And then apply.

And we are always interested in hearing the results!