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Umm...maria_zhang wrote:Hi, I am very confued right now, can anyone help me pls? First of all, I have the 'stay remain in UK' as EEA family partner as my husband is Dutch nationality. But we separated about half a year now and we are getting divorced soon. As I know, once we divorced, I have to go back to my own country, but my boy friend and I (he is british) are planning to have a baby, so can I still stay in UK if I am having baby here with him? Thanks to all of you who can help me first!!
sakura wrote:Umm...maria_zhang wrote:Hi, I am very confued right now, can anyone help me pls? First of all, I have the 'stay remain in UK' as EEA family partner as my husband is Dutch nationality. But we separated about half a year now and we are getting divorced soon. As I know, once we divorced, I have to go back to my own country, but my boy friend and I (he is british) are planning to have a baby, so can I still stay in UK if I am having baby here with him? Thanks to all of you who can help me first!!
So you married a Dutch national, then 6 months later you separated and are now getting a divorce? Has the divorce petition been signed? Is he still in the UK?
But since (or during) that time you got with a British national, and you are now pregnant?
What country are you from?
Under the EEA regulations, I think you are able to keep your EEA permit and continue living in the UK. I am not 100% sure because you need to have been married to an EEA national (who has been excersing treaty rights in the UK) for 3 years. I assume this only means 'marriage' and not 'living together', so even if you separated, it still constitutes 3 years together.maria_zhang wrote:No, we didn't marry for only 6 months, we have been married for 3 years, but things happend, we got separated half a year ago. My ex is still in UK, the divorce petition hasn't been sighed yet. And I am not pregant yet, just me and my present bf are planning to have a baby, but we don't know if the situation is allowed us to have one. I am from China.
sakura wrote:Umm...maria_zhang wrote:Hi, I am very confued right now, can anyone help me pls? First of all, I have the 'stay remain in UK' as EEA family partner as my husband is Dutch nationality. But we separated about half a year now and we are getting divorced soon. As I know, once we divorced, I have to go back to my own country, but my boy friend and I (he is british) are planning to have a baby, so can I still stay in UK if I am having baby here with him? Thanks to all of you who can help me first!!
So you married a Dutch national, then 6 months later you separated and are now getting a divorce? Has the divorce petition been signed? Is he still in the UK?
But since (or during) that time you got with a British national, and you are now pregnant?
What country are you from?
sakura wrote:Under the EEA regulations, I think you are able to keep your EEA permit and continue living in the UK. I am not 100% sure because you need to have been married to an EEA national (who has been excersing treaty rights in the UK) for 3 years. I assume this only means 'marriage' and not 'living together', so even if you separated, it still constitutes 3 years together.maria_zhang wrote:No, we didn't marry for only 6 months, we have been married for 3 years, but things happend, we got separated half a year ago. My ex is still in UK, the divorce petition hasn't been sighed yet. And I am not pregant yet, just me and my present bf are planning to have a baby, but we don't know if the situation is allowed us to have one. I am from China.
sakura wrote:Umm...maria_zhang wrote:Hi, I am very confued right now, can anyone help me pls? First of all, I have the 'stay remain in UK' as EEA family partner as my husband is Dutch nationality. But we separated about half a year now and we are getting divorced soon. As I know, once we divorced, I have to go back to my own country, but my boy friend and I (he is british) are planning to have a baby, so can I still stay in UK if I am having baby here with him? Thanks to all of you who can help me first!!
So you married a Dutch national, then 6 months later you separated and are now getting a divorce? Has the divorce petition been signed? Is he still in the UK?
But since (or during) that time you got with a British national, and you are now pregnant?
What country are you from?
So, with that, you can get divorced and stay in the UK with your EEA permit. That is what I am thinking - but maybe someone with more knowledge on the EEA rules can concur.
As for the baby - well you can do whatever you like. The baby will be a British Citizen (if born in the UK) if its father is a British citizen or has ILR/PR.
Nonono. I know for sure that after 3 years on an EEA permit, you can keep it even after getting divorced. We just need to make sure that the period also includes separation - as in your case. If it does, then you can retain your EEA permit.maria_zhang wrote:Great thanks for your opinion. Just when I tried to get advise from lawyer, she said once the divorce petition had sighed I have to go back to China, that's why I am concerned that if I have a baby here, the baby has to go back with me.
sakura wrote:Under the EEA regulations, I think you are able to keep your EEA permit and continue living in the UK. I am not 100% sure because you need to have been married to an EEA national (who has been excersing treaty rights in the UK) for 3 years. I assume this only means 'marriage' and not 'living together', so even if you separated, it still constitutes 3 years together.maria_zhang wrote:No, we didn't marry for only 6 months, we have been married for 3 years, but things happend, we got separated half a year ago. My ex is still in UK, the divorce petition hasn't been sighed yet. And I am not pregant yet, just me and my present bf are planning to have a baby, but we don't know if the situation is allowed us to have one. I am from China.
sakura wrote: Umm...
So you married a Dutch national, then 6 months later you separated and are now getting a divorce? Has the divorce petition been signed? Is he still in the UK?
But since (or during) that time you got with a British national, and you are now pregnant?
What country are you from?
So, with that, you can get divorced and stay in the UK with your EEA permit. That is what I am thinking - but maybe someone with more knowledge on the EEA rules can concur.
As for the baby - well you can do whatever you like. The baby will be a British Citizen (if born in the UK) if its father is a British citizen or has ILR/PR.
Docterror wrote:sakura, that is correct. After 3 years of being married you can indeed keep the Residnece Card/Permit provided that atleast 1 year of the marriage was spend in the UK. Seperated couples are still considered to be married until the Absolute Decree comes along.
maria_zhang, when did you get married and how long have you bothbeen in the UK?
Why did you apply for an EEA family permit!?maria_zhang wrote:We married in 2004 July, he grew up here, has been here over 15 yrs. I have been in UK nearly 7 yrs. My remain in UK is due to 2010. Pls advise. Many thanks.
Yes - are you working and/or studying? You need to 'exercise treaty rights' - can't just 'bum' around!Docterror wrote:maria_zhang, the good news is that since 1.05.2006, the EU laws has changed significantly and as already told to you by sakura, you retain the right of residence even if get divorced as you have already been married to an EEA national for 3 years, all of which has been in the UK.
You do NOT have to go and get your status switched to a spouse visa as you are entitled to use the remainder of the Residence Permit till a total of 5 years is up, upon which you can apply for the confirmation of obtaining the Permanent Residence(PR), the EU equivalent of ILR, and if by then if you are also married to your British partner ..and has the Life in UK test part covered...should be able to apply for the naturalisation the very same day!
Do keep the proof of working/studing or exercising the treaty rights by you for the required 5 years so that you do not face any trouble with the PR or naturalisation.
sakura wrote:Yes - are you working and/or studying? You need to 'exercise treaty rights' - can't just 'bum' around!Docterror wrote:maria_zhang, the good news is that since 1.05.2006, the EU laws has changed significantly and as already told to you by sakura, you retain the right of residence even if get divorced as you have already been married to an EEA national for 3 years, all of which has been in the UK.
You do NOT have to go and get your status switched to a spouse visa as you are entitled to use the remainder of the Residence Permit till a total of 5 years is up, upon which you can apply for the confirmation of obtaining the Permanent Residence(PR), the EU equivalent of ILR, and if by then if you are also married to your British partner ..and has the Life in UK test part covered...should be able to apply for the naturalisation the very same day!
Do keep the proof of working/studing or exercising the treaty rights by you for the required 5 years so that you do not face any trouble with the PR or naturalisation.
For the umpteenth time, yes, woman! You can stay here! Now go and celebrate....maria_zhang wrote:Thank you both so much, I am so happy that things could turn out this way. Yes, I am working at the moment and I have been keeping the pay slip all the time. I just double checked my passport, it says RIGHT OF RECEDENCY IN THE UK AS THE FAMILY MEMBER OF AN EEA NATIONAL xxx WHO IS RESIDENT IN THE UK IN THE EXERCISE OF A TREATY RIGHT IS HRERBY GIVEN UNTIL 5th MAY 2010 ON BEHALF OF THE SECRETARY OF THE STATE HOME OFFICE. So is this what you meant that can make sure I am ok to be here even I am divorced?
sakura wrote:For the umpteenth time, yes, woman! You can stay here! Now go and celebrate....maria_zhang wrote:Thank you both so much, I am so happy that things could turn out this way. Yes, I am working at the moment and I have been keeping the pay slip all the time. I just double checked my passport, it says RIGHT OF RECEDENCY IN THE UK AS THE FAMILY MEMBER OF AN EEA NATIONAL xxx WHO IS RESIDENT IN THE UK IN THE EXERCISE OF A TREATY RIGHT IS HRERBY GIVEN UNTIL 5th MAY 2010 ON BEHALF OF THE SECRETARY OF THE STATE HOME OFFICE. So is this what you meant that can make sure I am ok to be here even I am divorced?
The permanent residency application is what you apply for after spending 5 years here on the EEA permit, you can get the permanent residency sticker in your passport. You DO NOT have to get it, but it is just proof of your PR status. So, you've been on the EEA permit for 3 years; in two years' time you will be a permanent resident, and you can apply for the PR sticker if you want proof of your UK status.
Some lawyers don't know much about the EEA system. It is indeed quite difficult to understand, and you need to do a lot of reading to find the relevant sections about how to retain one's right of residence.maria_zhang wrote:Thank you so much!!! So now I wouldn't worry about getting divorced now. Just my lawyer told me that because I got the remain based my exhusband, so once we divorced, I am inlegal to stay here under the law. And I don't why they told me like this which is very different to what you told me. But I am so happy and thankful for your help. This is a very big surprise in a long time!! Thank u so much!!
sakura wrote:Some lawyers don't know much about the EEA system. It is indeed quite difficult to understand, and you need to do a lot of reading to find the relevant sections about how to retain one's right of residence.maria_zhang wrote:Thank you so much!!! So now I wouldn't worry about getting divorced now. Just my lawyer told me that because I got the remain based my exhusband, so once we divorced, I am inlegal to stay here under the law. And I don't why they told me like this which is very different to what you told me. But I am so happy and thankful for your help. This is a very big surprise in a long time!! Thank u so much!!
Yes - as long as you keep working/studying in the UK, you will get permanent residency in 2 years' time. After this PR, in another year's time, you can apply for naturalisation (just need to meet all the requirements) as a British citizen.maria_zhang wrote:Sorry to bother you so much, just I have been worried about this for very long time since I separated with my ex. As everyone kept telling me that I have to leave here and I can't even apply work permit, I have to go back to china to apply any type of visas and it's not 100% I will get it.
So really for now, I don't need to do anything except waiting for another 2 years to apply permanent resident, is it right?
sakura wrote:Some lawyers don't know much about the EEA system. It is indeed quite difficult to understand, and you need to do a lot of reading to find the relevant sections about how to retain one's right of residence.maria_zhang wrote:Thank you so much!!! So now I wouldn't worry about getting divorced now. Just my lawyer told me that because I got the remain based my exhusband, so once we divorced, I am inlegal to stay here under the law. And I don't why they told me like this which is very different to what you told me. But I am so happy and thankful for your help. This is a very big surprise in a long time!! Thank u so much!!
maria_zhang wrote:I just remembered that I married in 2004 that's correct, but I didn't get the right to remain in the UK stamp until Dec 2005, so does it still class as that I have had the EEA permit for 3 years or 2 years? So if it's only 2 years, that means it would be a problem if I get divorced now, is it?
- Did you make an application for EEA Family Permit immediately after your marriage?maria_zhang wrote:I just remembered that I married in 2004 that's correct, but I didn't get the right to remain in the UK stamp until Dec 2005, so does it still class as that I have had the EEA permit for 3 years or 2 years? So if it's only 2 years, that means it would be a problem if I get divorced now, is it?
I do not know on what basis that information was given to you, as until 1.05.2006, the Leave to remain as a family member of an EEA national was only on application and was not automatic. Thankfully the situation has changed drastically since and your stay from October 2004 till June 2005 will be regularised. In fact, the 5 years of residence needed is counted from July 2004 and thus even the time spend on student visa from July 2004 till October 2004 is also considered as residence with the EEA family member as the EU laws are implemented retrospectively.Did you make an application for EEA Family Permit immediately after your marriage? ------ No, I applied the year after, because the solicitor said it classed as EEA family once we got married, the stamp is only for the proof.
Do you have proof (documentation) to show you have been married or staying here for the period of marriage till now? ---- What kinda of document can approve this? Is bank statement ok?
Not that it matters much, was your application for the Residence Permit in 2005 done in UK and when did you apply for it and how long did it take to be processed?
I do not know on what basis that information was given to you, as until 1.05.2006, the Leave to remain as a family member of an EEA national was only on application and was not automatic. Thankfully the situation has changed drastically since and your stay from October 2004 till June 2005 will be regularised. In fact, the 5 years of residence needed is counted from July 2004 and thus even the time spend on student visa from July 2004 till October 2004 is also considered as residence with the EEA family member as the EU laws are implemented retrospectively.Did you make an application for EEA Family Permit immediately after your marriage? ------ No, I applied the year after, because the solicitor said it classed as EEA family once we got married, the stamp is only for the proof.
Do you have proof (documentation) to show you have been married or staying here for the period of marriage till now? ---- What kinda of document can approve this? Is bank statement ok?
Correct! Even though the letter that you would have recieved along with the passport when your Residence Permit was stamped states that you must notify the IND if you cease to be a family member, I do not know of anyone who has done so or have gotten into trouble because they haven't done so.And I don't really need the solicitor to touch immigration area until I apply PR after 2 years time?
Should not be a problem unless the amount was so meagre that you had to resort to public funds.before that I was only working as parttime, but I still have the payslips, is it a problem?
That is correct... and you are welcome!So as long as I am working till 2009, I should be qualified to apply PR in 2009, is it right?
