Immigrationboards.com

HI
its seems to be im joining the separation and divorced peaple .
My wife today ask me for separation and then divorced so she called working tax cridet and she told them that we are separated and she will do with the housing and then we are going to fill the application for sepration .so now my qustion is :
1-we been married for over 6 year.
2-we got kid attending to school
3- she is working from 2010 till now
4- im in full work employment
5- im in eea2 valid till octo 2013
6-we been living togather in uk since 2006
1-MY qustion is what is my chance for my RoR
2- what is my chance for refusal i got (son)
3-did i need to inform home office about my sepration
4- what i should do first to apply ROR and then eea2
5- or ROR and then eea4
pleaaaaaaaaaaaaaaaaaaas help im stress and i dont know what to do

I am sorry to hear your situation.

It must be a bit of a shock for you.

I suspect you will be fine, as you have been married for a long time and you have lived in the UK with her for a long time too. I also suspect you son has been attending svhool for a while too.

Try and sort the marriage and welfare of you child. The residency is secondary.

poltrade wrote:HI
its seems to be im joining the separation and divorced peaple .
My wife today ask me for separation and then divorced so she called working tax cridet and she told them that we are separated and she will do with the housing and then we are going to fill the application for sepration .so now my qustion is :
1-we been married for over 6 year.
2-we got kid attending to school
3- she is working from 2010 till now
4- im in full work employment
5- im in eea2 valid till octo 2013
6-we been living togather in uk since 2006
1-MY qustion is what is my chance for my RoR
2- what is my chance for refusal i got (son)
3-did i need to inform home office about my sepration
4- what i should do first to apply ROR and then eea2
5- or ROR and then eea4
pleaaaaaaaaaaaaaaaaaaas help im stress and i dont know what to do

(1) Did you get married while living in the Uk or before coming?
(0) What did she do (work/study/etc...) between then and when you applied for the RC in 2008?
(2) What was your wife do between when you sent the application and when she started working in 2010?

It sounds like you have a pretty clear case for RoR. You may even already have PR. A lot depends on the types of things your wife was doing in the various times. Best to put together a time line:
She enters UK
You get married.
Now
and what she has been doing (work/study/other) at each time

hi
thanks for help
to answer your qustion
we got married befor coming to uk in 2006 in poland and then we joind here in same year 2006 i know that i should have PR already if my wife been working for 5 year or study but i actuly she didnt becouse she was looking after my son and me i was working all the time and we didnt get sickness insurance and she didnt rigester with job centre so i think i losed my PR and my time is start again from 2010 .becouse from that time she start her work again . I know this coz my friend he got same problem and he told me that .....
so now my qustion
did i need to tell home office about my sepration or just when i get divorced
we been married for over 6 year.
2-we got kid attending to school
3- she is working from 2010 till now
4- im in full work employment since 2006
2- what is my chance for refusal i got (son)
4- what i should do first to apply ROR and then eea2
5- or ROR and then eea4
pleaaaaaaaaaaaaaaaaaaas help im stress and i dont know what to do
( today when i called working tax cridet to say that im separated now they ask me if i want to apply as single father and i refused becouse i think im not allow to get is this truth ???and if i want to apply again for working tax cridet can this effect my ROR )

Relax. Nothing is moving too quickly.

Are you taking care of the child / children?

What was your wife doing when you applied for your RC? If she was taking care of the kids, did she have CSI then?

NOT FROM ME BUT FROM AFELLOW MEMBER


RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
•
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and•
the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
•
the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
•
there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a)
S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b)
S/he is a self-sufficient person, or
(c)
S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.
See Regulation 10(5) of the 2006 Regulations for more information.

Hi everyone... just a quick question. To retain a right of resident, does it matter if the non eea national is doing an agency job? on a temporary contract? thanks

Mumsy1982 wrote:Hi everyone... just a quick question. To retain a right of resident, does it matter if the non eea national is doing an agency job? on a temporary contract? thanks

To be counted as work, it needs to be genuine and effective employment. This is somewhat open to interpretation. An agency job on a temporary contract could be viewed as genuine and effective. It depends on what it is.

thanks for the apply. Its not really agency. is a Bank contract for health care assistant but its classed as temporal contract just like agency work.

Also, i do just bank work with NHS because i am a full time student with lots of clinikal placements to do.as such i am unable to comit myself to any full time permanent post untill i am done with UNI.

Mumsy1982 wrote:Hi everyone... just a quick question. To retain a right of resident, does it matter if the non eea national is doing an agency job? on a temporary contract? thanks

doesn't matter if non eea work or not before degree absolute.

Mumsy1982 wrote:Hi everyone... just a quick question. To retain a right of resident, does it matter if the non eea national is doing an agency job? on a temporary contract? thanks

Contract work is fine. Agency job is fine. Almost any real job is fine. Part time at McDonald's two days a week? Fine!

See http://eumovement.wordpress.com/2011/12 ... -a-worker/