How could possibly live EU and non EU sitizens in UK after s

[denispearl]

HI. Just a short story. My wife is from Poland, im not EU national. We moved in the UK about 3 years ago. Bought a flat, Im stadying and so on.
Unfortunately seems like we are going to split up. She says that she doesnt wont to move from city were are we now and live in new place, I was thinking about career after finishing Uni.
All is fine, but Im not eu citizen and living in the UK on spouse visa.
My wife said we can officialy stay as marriage untill ill get my british pasport within 4 years. Good point. Thanks for that - But I can not emagine how will it all carry on and Iam afraid about will it actually work.
Do you have any ideas, examples, wether it possible and how it does look like to live separetly, but married officialy and not get caugth by immigration control ( I know is no good, but I dont want to waste my 3 years )
IS there is any chance to devorce my wife and marry UK citizen and getting UK spouse visa here, in the UK,without living the country?
Please advice.
And also - she wants a baby( fair enough). In that case what the birth registration looks like, cos she want a baby with somebody else(oops). Will it affect me as well? I mean all the paperwork and stuff. I mean will immigration control check who my wife has a baby with( i know stupid question, but better to ask).

Please help me with that, cos its all a bit terrible hard and unknown.
I want to stay in the UK.
Thanks for advice

[Casa]

Is your wife 'Exercising her treaty rights' in the UK...working, studying?

[denispearl]

Is your wife 'Exercising her treaty rights' in the UK...working, studying?

Hi. Thanks for reply. Yes, we both have been working all the time. Im been working part time last 2 years and studying full time. She is working full time. we also did get a few benefits. We are both UK residens for 2 years now in October

[John]

denispearl, when did the two of you get married?

I am just trying to work out why you say that you might be a BC in 4 years time. Why 4 years?

[denispearl]

denispearl, when did the two of you get married?

I am just trying to work out why you say that you might be a BC in 4 years time. Why 4 years?

Hi John. thanks for reply. We did married in march 2006 in Poland. as far as i know to become a BC takes about 6 years from becoming resident. Since we became residents in oct 2007 its about 4 years left To get a passport. Am I right?

[John]

Thanks for that information. OK, under the terms of the EU Directive, and because the two of you have been married for at least three years, and at least one year of that has been spent in the UK, you will have preserved rights to live in the UK, even after the two of you are divorced.

You arrived in the UK in October 2007 and thus you can apply for confirmation of your PR .... Permanent Residence .... just before October 2012. When can you apply for Naturalisation as British? That will depend upon the legislation in force at the time.

And also - she wants a baby( fair enough). In that case what the birth registration looks like, cos she want a baby with somebody else(oops

She has already found someone, to be the father of her baby?

[denispearl]

Thanks for that information. OK, under the terms of the EU Directive, and because the two of you have been married for at least three years, and at least one year of that has been spent in the UK, you will have preserved rights to live in the UK, even after the two of you are divorced.

You arrived in the UK in October 2007 and thus you can apply for confirmation of your PR .... Permanent Residence .... just before October 2012. When can you apply for Naturalisation as British? That will depend upon the legislation in force at the time.

And also - she wants a baby( fair enough). In that case what the birth registration looks like, cos she want a baby with somebody else(oops

Hi John. Thanks for info. We did arrived in the Uk at july 2006 and it took us an year to get propo residency. Before we just had something else. does it change anything? She didnnt find nobody yet but she will.
What shell i do now? Shell i apply to HO
And can we get divorce in the uk even if we get married in PolaNd? Thanks




She has already found someone, to be the father of her baby?

[John]

We did arrived in the Uk at july 2006 and it took us an year to get propo residency

When did your wife start exercising EU Treaty Rights in the UK? In other words, how long after you arrived here did she start work or study in the UK?

[denispearl]

We did arrived in the Uk at july 2006 and it took us an year to get propo residency

When did your wife start exercising EU Treaty Rights in the UK? In other words, how long after you arrived here did she start work or study in the UK?

in about 2-4 WEEKS TIME. sAME AS I DID

[John]

Then your 5-year period started then, not when you actually got your RC.

Do appreciate that the RC is merely confirmatory for a "family member". It does not actually give you any more rights; it merely confirms that you have those rights, which is nevertheless very helpful to a non-EEA family member.

So you will get PR status in July 2011, and could apply for Naturalisation one year later.

[denispearl]

Then your 5-year period started then, not when you actually got your RC.

Do appreciate that the RC is merely confirmatory for a "family member". It does not actually give you any more rights; it merely confirms that you have those rights, which is nevertheless very helpful to a non-EEA family member.

So you will get PR status in July 2011, and could

apply for Naturalisation one year later.

im very pleased, but are you sure?
My rc and my wifes for 5 years, till oct 2012. I always thought that it starts to count from obtaining resident card. 5 years from then till permanent residence. Ok. So ive got 3 more questions left:
1) can we divorce in the uk even if we get married im Poland?
2) after or before divorce what shuld i do with home office? Shell i apply for a new card or something?which status will i get?
3)which opportunities permanent residence gives you? What the difference between pr and residence? Thanks very much Jocn

[John]

Am I sure? Again, the issue of the RC is merely confirmatory of right you already had. The issue of the RC for a family member does not start the 5-year clock. The starting to exercise EU Treaty Rights in the UK started that.

I suspect you first arrived in the UK thanks to an EEA Family Permit.

Then using your numbering :-

1. You can certainly divorce in the UK. You both live here, so no problem on that account. The UK will obviously recognise such a divorce. Will Poland also recognise it? Your wife should check with the Polish authorities but I would be amazed if there would not also recognise a UK divorce.
2. There is a difference of opinion. Some say you should apply for a new RC, using form EEA2, and there is no harm in doing that, because the issue of that RC confirms that UKBA are aware of the divorce and acknowledge that you have protected EU rights. Personally I think there is no need to reapply for a new RC. Your existing one remains valid.
3. PR is Permanent Residence. It means that you are deemed to be "settled" in the UK. After having that "settled" status for one year you might be permitted to apply for Naturalisation, but check the legislation in force then nearer the time.

Keep a good note of when you and your wife started your employments in the UK, in the summer of 2006.[/list]

[denispearl]

thanks John. Seems that is not so bad for me then i really hope to keep old REsidency stamp. The reason is - my passport is almost has no free pages left and I dont want to change it for a new one. Im a belaussian passport holder and that country is a bit dodgy regarding human rights so im trying to avoid the as much as i can. So if Ill not inform HO about divorce would it be ok? I do not wont any surprisis in the future and certanly i want to resolve all the issues without leaveng the uk.
And also how does divorse ala UK looks like? Where should we apply? How long does it take? How much? I do really appretiate your help John. Thanks so much

[Obie]

You will be issued with a further 5 years, when you apply for Retention of right of resident. However, this will not affect you ability to apply for PR come 2012.

The existing Resident Card will be invalid after Decree Absolute has been passed, as you obtained it by virtue of being a family member of an EEA national.

The new one you will receive will confer residence in your own rights.

There is no set form for Retention of Right of Residence, and filling form EEA2 for that purpose will be wrong.

5.3 Making an application following divorce or annulment of marriage / dissolution of
civil partnership
The following documents must be supplied:
• Passports of the non-EEA family members
• Divorce certificate/certificate showing termination of civil partnership
• Evidence that at least one of the non-EEA family members is a worker, self-employed
or self-sufficient.
If we have not previously issued a residence card we must be satisfied that the alleged
EEA national is an EEA national and that the non-EEA nationals were living in the UK
with the EEA national prior to divorce / dissolution of civil partnership, and that EEA was
exercising Treaty rights during that time.

[John]

You will be issued with a further 5 years, when you apply for Retention of right of resident. However, this will not affect you ability to apply for PR come 2012.

I think you mean 2011. Treaty Rights started to be exercised in the summer of 2006.

The existing Resident Card will be invalid after Decree Absolute has been passed, as you obtained it by virtue of being a family member of an EEA national.

Where does it say that the existing RC will be invalid?

[Obie]

Policy is to revoke or to refuse to issue / renew a residence card in the event of divorce /
dissolution of civil partnership, or when there is evidence that the EEA national has left
the UK, unless the non-EEA qualifies for a retention of a right of residence.

Could this not be interpreted as, someone holding a resident card prior to a divorce been finalised, will have their Resident Card revoked, unless they provide evidence to UKBA that they Retain their Right of resident , and when they do this, a further 5 years resident card is issued.

I know Directive 2004/38 EC doesn't specify any administrative formalities that beneficiary of Retention of Right of Resident should follow, however the UKBA might not see it that way.

You are perfectly right, the OP will qualify in 2011. It was an oversight on my part.

[denispearl]

Policy is to revoke or to refuse to issue / renew a residence card in the event of divorce /
dissolution of civil partnership, or when there is evidence that the EEA national has left
the UK, unless the non-EEA qualifies for a retention of a right of residence.

Could this not be interpreted as, someone holding a resident card prior to a divorce been finalised, will have their Resident Card revoked, unless they provide evidence to UKBA that they Retain their Right of resident , and when they do this, a further 5 years resident card is issued.

I know Directive 2004/38 EC doesn't specify any administrative formalities that beneficiary of Retention of Right of Resident should follow, however the UKBA might not see it that way.

You are perfectly right, the OP




will qualify in 2011. It was an oversight on my part.

So what OP stands for? In other words just to summarYse does it all mean that I will need to obtain a new resedency stamp? Is it guaranteed that Ill get it? Or i still can keep may old stamp and do not inform H0? WOULD I BE ABLE TO REMAIN IN THE UK UK DURING THE PROCESS OF OBTAINING NE RC THEN? THANKS

[Obie]

OP means Original Poster, which is a title you acquired, by virtue of being the one that opened this thread.

In regards to your question, I suspect you will need to send your passport and Decree Absolute to the HO, together with evidence of your Economic Activity and that of your wife's, prior to the initiation of the final divorce.

It is automatic that a new resident card will be issued with a new expiry date. It seems to be the standard procedure.

You will most likely receive a Certificate of Application, whiles your case is been looked at.

I am open to been correction, if my take is on this is incorrect.

[John]

Policy is to revoke or to refuse to issue / renew a residence card in the event of divorce / dissolution of civil partnership, or when there is evidence that the EEA national has left the UK, unless the non-EEA qualifies for a retention of a right of residence.

Could this not be interpreted as, someone holding a resident card prior to a divorce been finalised, will have their Resident Card revoked, unless they provide evidence to UKBA that they Retain their Right of resident , and when they do this, a further 5 years resident card is issued.

No, I don't think it could be interpreted in that way.

[denispearl]

Policy is to revoke or to refuse to issue / renew a residence card in the event of divorce / dissolution of civil partnership, or when there is evidence that the EEA national has left the UK, unless the non-EEA qualifies for a retention of a right of residence.

Could this not be interpreted as, someone holding a resident card prior to a divorce been finalised, will have their Resident Card revoked, unless they provide evidence to UKBA that they Retain their Right of resident , and when they do this, a further 5 years resident card is issued.

No, I don't think it could be interpreted in that way.

so will I able to keep my old rs and not inform HO then???
Thanks

[John]

denispearl. all I am going to say if that most people in your circumstances seem to have done that, and later gone on to get their PR.

That is, not informing UKBA of the divorce does not seem to create a problem.

[denispearl]

denispearl. all I am going to say if that most people in your circumstances seem to have done that, and later gone on to get their PR.

That is, not informing UKBA of the divorce does not seem to create a problem.

Ok John.
So we will divorced and Ill not inform HO and will apply for PR in 2011 and it will not create a problem, as I understood.
I really appretiate your help.
Thank you

Is that correct???
Thanks

[denispearl]

John or somebody else please confirm that my last topic is correct. Thanks

[John]

Sorry, I don't know what I can add to what I have already posted.

[denispearl]

Sorry, I don't know what I can add to what I have already posted.

No. Dont worry. Its fine. Just was written in a bit hard for me to understand way.
But im with you now.
Thanks