Under retained rights non eea can sponsor non eea spouse

[Apnage]

Hi,
I got married here in uk and got visa through eea route , after 3 years we divorced and I got visa again under retained rights of residence , my question is can I merry with non eea national and can I sponsor my spouse and how I can apply. For PR still I have to wait 1 year.
Thanks

[CR001]

No, only EU citizens can use EU route for spouses. Once you have PR, you can apply for your spouse under the UK immigration rules (spouse visa)

[Apnage]

Thanks for reply but I heard still we can apply lots of romers around, but few people said yes we can apply few said not like u said can't apply I don't know how I can confirm one guy told me yes you can apply under immigration roule before the PR need to show £18600.
If some one can confirm who seen any case who applied same case like me .

[rosebead]

CR001 is right. Only EEA citizens can sponsor non-EEA family members. The right of free movement in the EU is about the rights of EEA citizens to move. Non-EEA Family members only have rights because theirs are an extension of the EEA citizen's rights. Without an EEA sponsor to begin with, non-EEA family members have no EU rights.

You could however sponsor a non-EEA family member under domestic law and not EU law once you become PR, but you will have to earn £18,600. Or alternatively, when you become British, you can move with your non-EEA family member to another EU country and exercise Treaty rights there for at least 6 months (or probably even more) and then return to the UK with EU rights to sponsor your non-EEA family member in the UK.

[Apnage]

Please see this paragraph which i copied from HO site then explain please,
Retained rights and sponsoring other non-EEA nationals
The Free Movement of Persons Directive 2004/38/EC (‘the Directive’) states at paragraph
15 of the preamble that family members who have a retained right of residence do so
‘exclusively on a personal basis’. This means that they cannot be the sponsor for another
family member. For example, if a non-EEA national with a retained right of residence gets
married to another non-EEA national, her new husband will not have any rights under the
regulations. Her new husband would only be able to enter or remain in the UK if he qualifies
under the Immigration Rules.

you can check link below and page number 6 last paragraph.
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

[chriskv1]

@Apnage : If you're going to argue with everyone that says anything other than what you want to hear then I don't see the point of this topic.
And HOs website clearly states This means that they cannot be the sponsor for another
family member.

They're basically telling you that no , you cannot sponsor someone until you get your pr.

If you try to , it will automatically be rejected . And also it will lead to a lot of suspicions as to whether your original marriage was fake.

So please just be patient and wait for your PR mate.
All the best .

[Apnage]

Thanks for your reply much appreciated i got your point i don't want to argue there is bit confusion on HO statement ,
Retained rights and sponsoring other non-EEA nationals ](this is topic heading they wrote for Retained rights so its mean they talking about only retained rights )
The Free Movement of Persons Directive 2004/38/EC (‘the Directive’) states at paragraph
15 of the preamble that family members who have a retained right of residence do so
‘exclusively on a personal basis’. This means that they cannot be the sponsor for another
family member. For example, if a non-EEA national with a retained right of residence gets
married to another non-EEA national, her new husband will not have any rights under the
regulations. (i understand till this point) Her new husband would only be able to enter or remain in the UK if he qualifies under the Immigration Rules.(You need £18600 income where Regulation u don't need)
The whole paragraph they are writing for Retained rights they did't mention PR thats why i confused and second thing if you check mention below link then you can see this section is updated on 7th April 2015, might be before there was no way but according to this statement its looks like now we can. My confusion is, there is not much details on this issue. This is the only one paragraph on Retained rights and sponsoring other non-EEA nationals which i found.
Many thanks for your attention!
Page 6 last paragraph
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf

[CR001]

There has been no change. You cannot sponsor your spouse until you have permanent residence (are settled/equivalent to ILR under UK immigration) and that will be under the UK immigration rules, i.e Uk spouse visa which has the financial requirement, English requirement and NHS surcharge fee.

The paragraph you are quoting also says

Her new husband would only be able to enter or remain in the UK if he qualifies under the Immigration Rules

, meaning your spouse would need to qualify in their own right, i.e Tier 2 or Tier 4 visa unless you have settled status/PR.

[Awan555]

@apnage
I was wondering if you find out the correct answer to your question??

[CR001]

@apnage
I was wondering if you find out the correct answer to your question??

The answers have already been given. Unless a RoR person holds PR, they cannot sponsor a non-EU spouse on the EEA/EU route. Kindly also refrain from digging up topics that are more than 2 years old. Start your own topic with your circumstances and questions.