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[mirarani]

thanks every one for help

[jude]

No ,
I don't think you need to inform them but you have to understand that when you want to apply for ur PR you may need ur wife help . And for the grant i don't think the is any problem for that .

[John]

im a non EEA national holding a Resident Card of family member of an EEA national, married for 2 years, living in UK for 4 years and my 5 years family member visa expires in 2012.

.... when i apply for PR after 5 years .....

Can we actually establish the facts here. Can you say the exact date when you got married, presumably sometime in 2006? I ask because new EU regulations came into force on 30.04.06, and thus as far as you are concerned you started to exercise EU Treaty Rights in the UK on that date, or if you married after 30.04.06, on the date of your marriage.

That is, the Residence Card issued to you some time in 2007 is merely confirmatory of the EU Treaty Rights possessed by you from the date as described in the paragraph above. Accordingly you will acquire PR status sometime in 2011, not in 2012.

Further questions :-

1. What is your spouse's nationality?
2. What was your UK immigration status prior to your marriage?
3. Do you and your wife have any children?

As regards your tuition fee question, I confirm that you remain a family member of an EU Citizen notwithstanding that you are longer living with your spouse.

[mirarani]

thanks everey1

[Wanderer]

I thought the rule was u need to married three years, one of which in UK to gain PR.

Otherwise ur still at the mercy of ur EU spouses Treaty right.

I wait to be corrected tho...

[John]

mirarani, using your lettering :-

1. your spouse getting PR status will not affect your EU status at all
2. As Wanderer has eluded to, if you and your spouse divorce, as long as the two of you have lived together in the UK for at least one year, and the marriage lasted at least 3 years before the divorce petition was filed, you would have continuing EU rights, notwithstanding that you ceased to be a family member of an EU citizen on the divorce.
3. No
4. Don't overlook that any documentation you receive after making an application on one of the EEA series of forms will merely be confirmatory of any EU Treaty Rights that you possess anyway. But for you, as a non-EEA citizen, it is very useful to have such confirmation, in order to prevent problems, such as .... how would you prove to an employer the ability to work? By the time that the 5th anniversary of the marriage, what are the chances that the two of you will then be divorced? Or will you still be just separated?

Also note, as regards your retained rights if a divorce happens, if the divorce petition is issued prior to the 3rd wedding anniversary, you might still have retained rights under another heading. That is :-

the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom;

So it this circumstance, you might want to apply for an access order to the 13 year old child of your spouse.

[mirarani]

thanks

[John]

These are two separate issues. You remain a family member of your spouse, until the moment the Decree Absolute of Divorce is issued.

However for the purpose of claiming benefits, there is a question of fact to establish .... are the two of you living together, or not? If not, then your spouse, an EEA citizen, is totally entitled to claim benefits as a sole claimant, notwithstanding the there is a marriage still in existence.

Look at it this way, for the purpose of claiming benefits like Tax Credits, a marriage does not assist us in determining whether a claim should be sole or joint. If a couple live together, whether married or unmarried, then the claim should be joint. But if not living together then the claim should be sole.

[mirarani]

thanks

[sunny1]

hii.i m sunny
I m non-EEA Family member of EEA national,working as doctor.we r saperated ona and a half year after marriage.I have got 5 years visa in jan 2007. and applied for divorce in end of 2007.my divorce will be final in about august 2009.
my questions are:
a)Can i retain my EEA right after divorce?
b)Can I switch my current visa to work permit which the hospital is happy to arrange for me.
c)If i can retain the rights as EEA family member,can i apply for my new wife who i will marry after divorce as my dependent?
d)do i need to go back to my country to change my visa status or i can do it in UK?
Please write me as soon as possible and also tell me about any good solicitor who is specialized in EEA matters.