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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
retaining your rights means you have the same immigration right as an EU national as long as you keep exercising your treaty right (i.e. working, studying, self sufficient, businesss etccc..).maxzimka wrote:Hi!
I have retained rights of residence in the uk following a divorce. I was given another 5 year extention with a letter explaining that I retained rights of residence and that I should be exercising treaty rights as if I was an EU national.
I have now married to a non-EU person who is currently outside UK. What can we do to get her to join me in the UK
.
Please help
Thank you
I am sure, on human rights grounds, you could secure an entry clearance or residency for her, but not under the directive.
5) The right of all Union citizens to move and reside freely
within the territory of the Member States should, if it is
to be exercised under objective conditions of freedom
and dignity, be also granted to their family members,
irrespective of nationality. For the purposes of this
Directive, the definition of ‘family member’ should also
include the registered partner if the legislation of the
host Member State treats registered partnership as
equivalent to marriage.
i know a good solicitor that i have been referred to several times, he works Saturdays as well. which solitor did you use for your retention of rights? we can swap details if you want, PM me.maxzimka wrote:Thanks a lot.
Do you know a solicitor in London area who would have sound knowledge of work with "retained rights of residence" cases?
Appriciate your help!
I agree with Obie, this is a complicated situation. I think the EU law says the right of residence is retained on a strictly personal basis - this would mean no. However, once you have PR (5 years after entering) you qualify as settled under UK law, and then you should be able to sponsor your spouse either under UK or EU law.maxzimka wrote:Hi!
I have retained rights of residence in the uk following a divorce.
...
I have now married to a non-EU person who is currently outside UK. What can we do to get her to join me in the UK
Directive 2004/38 - http://eur-lex.europa.eu/LexUriServ/Lex ... 038:en:NOTmaxzimka wrote:I mean, how do you actually know that "EU law says the right of residence is retained on a strictly personal basis?"