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my turkish husband

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

my turkish husband

Post by sarah130179 » Mon Aug 22, 2011 11:28 pm

hi i am really hoping some one may be able to help my family as i am at my wits end. i met my husband 5 years ago whilst working (as was he) at the time he was married although seperated and living in the uk under a spouse visa we moved in together and he quickly became a great father to my 2 children 1 month before his visa ended on the promise that as soon he was back in turkey his now exwife would come to turkey and grant him his divorce (which she didnt). me my husband and 2 children went to live in turkey we only stayed for 1 year as with visa and school costs we could not afford to stay plus by this time i was pregnant since then i have been living back in england as a single mum to my 3 wonderful children(on benifits) my husband applied for a visitors visa to be here for the birth of our daughter but because he was still married and didnt have any money or property in turkey he was refused because they said what reason did he have to return (fair enough), in the mean time last june we lost our home to a fire and thanks to the insurance who paid for our 12 hotel they agreed that they would pay for us to stay in a hotel in turkey so finaly at 5 and a half months old my husband finally got to meet his first born child we have visited him a few times since and were finaly able and free to marry which we did on the 1/7/2011 . i have no money in the bank i live in my overdraft and because the baby is only 18 months due to a childminding accident when my eldest daughter was small i am reluctant to leave her with a childminder plus i am scared to death of losing my home because i also suffer from fibromyalgia and get ill very fast whilst im working bottom line is i need him here to be working and supporting us i desperatly want to work but can not work enough hours to suport my family on my own i understand that he may be able to come because we his family are here under a new eea ruling but failing that my parents will pay for the spouse visa as a wedding present they have also agreed to sponser my husband to come home he already has work waiting for him labouring for a local builder my parents are both retired but have private pentions (not state) where do i stand please help my family is in termoil and desperatly needs some one to help put us back together if i had known my life would have ended up in such a mess i would never spoken to him in the first place but together we are a fantastic family and i dont know what to do need help top get out of the catch 22 situation so that we can just be a normal family xxx ty kind regards sarah xx

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Aug 23, 2011 7:30 am

Sorry to say but it would be useful if you would structure your query, use proper punctuation and also keep it to the essential facts. In its current form it is very hard to read. You may also want to read this.

PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Tue Aug 23, 2011 9:32 am

What are your questions?

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

please help

Post by sarah130179 » Tue Aug 23, 2011 10:12 am

my question is does the eea family permit under the new zambrano ruling apply to us and if so what do i need to do, you must read our situation above in order to asnwer thank you
sarah

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

HELLO SARAH

Post by nonspecifics » Tue Aug 23, 2011 10:31 am

If you want to use the EU route, you have to be an EEA national.

What is your nationality / nationalities?

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

my nationality

Post by sarah130179 » Tue Aug 23, 2011 10:33 am

i am a white english lady born in england lived here all my life apart from the one year in turkey

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Re: HELLO SARAH

Post by 86ti » Tue Aug 23, 2011 10:43 am

nonspecifics wrote:If you want to use the EU route, you have to be an EEA national.
She wants to make use of the Zambrano ruling which is based on the nationality of the chilldren and as far as I understand concerns their parents rights of residence in the country of the children's nationalities.

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

my nationality

Post by sarah130179 » Tue Aug 23, 2011 10:45 am

am i not an EEA national i am very confused ?

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

Are you British?

Post by nonspecifics » Tue Aug 23, 2011 10:53 am

Are you a British citizen?

Do you have citizenship of any other countries - apart from the UK?

If you are a Brit , who has not exercised Treaty Rights as a worker etc in another EEA country, then the EU Directive does not apply to you.

You would have to apply via UK immigration and they will probably turn your spouse down, if you are on income based ( means-tested) benefits.

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

my nationality

Post by sarah130179 » Tue Aug 23, 2011 11:04 am

ok thankyou its as i thought there is always some kind of rule but it never aplies to normal british citizens they are always rules to help imigrants get there families here when is there goin to be a family permit that would help me
thanks for your help guys i knew it was wishful thinking xx

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

my nationality

Post by sarah130179 » Tue Aug 23, 2011 11:15 am

has any one ever challenged why it is ok for a normal english family should be in bits and why we wouldnt have the same rights as a family who are all foraign to begin with goodness i wish i had money i would love to fight for my rights xxx

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

Hello Sarah

Post by nonspecifics » Tue Aug 23, 2011 11:23 am

If you are not able to apply via the EU route, ask for help in the UK immigration forum.

Just keep the info and questions as simple as possible, for example:

I am British citizen married to Turkish citizen. We have a child. I am on social security benefits. My husband is in Turkey.

How can I bring him to live with me in the UK?

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

Post by sarah130179 » Tue Aug 23, 2011 11:24 am

ok thankyou for all your help xx

alekos
Member
Posts: 148
Joined: Sun Feb 13, 2011 4:14 pm
Location: London

Re: my nationality

Post by alekos » Tue Aug 23, 2011 4:47 pm

sarah130179 wrote:has any one ever challenged why it is ok for a normal english family should be in bits and why we wouldnt have the same rights as a family who are all foraign to begin with goodness i wish i had money i would love to fight for my rights xxx
If you move to other EEA country, EU rules apply to you and your family. Don't worry, "normal english families" do get the same rights as other EEA nationals.
Thank you everyone in this forum.

Nimitta
Member of Standing
Posts: 297
Joined: Sun Oct 31, 2010 3:28 pm

Re: my nationality

Post by Nimitta » Tue Aug 23, 2011 5:00 pm

sarah130179 wrote:ok thankyou its as i thought there is always some kind of rule but it never aplies to normal british citizens they are always rules to help imigrants get there families here when is there goin to be a family permit that would help me
thanks for your help guys i knew it was wishful thinking xx
No EU citizen and his/her family member can enter his/her own country according those EU rules. Own citizens have to use domestic rules. Family of a French citizen cannot enter France on those "easy" rules - they have to use "hard" domestic rules. A Latvian citizen cannot bring his family to Latvia on "easy" rules, and the same formula applies in the UK. This situation when own citizens' families in a EU country are treated worse than immigrants from another EU country is called reverse discrimination, and it is exactly the same in all EU countries.

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

Post by sarah130179 » Tue Aug 23, 2011 9:55 pm

i think by the last coment we are talking at cross perperses because from what the others have wrote if i was say an african national but lived in the uk and have children and my husband who is also an african national and is living in africa but wants to join his wife in britain then he can now apply under the zambrano ruling . but because i am i am a british national living in my own country and my husband is a turkish national my husband can not join his family in the uk under the the same ruling because it is my home country. now i see where the dicrimination comes in because the african man has an EASY ROUTE in to my country to be with his children but the turkish man does not have the same right hmmmm sounds about right

nonspecifics
Member of Standing
Posts: 372
Joined: Mon Jun 27, 2011 4:08 pm

Zambrano ruling is very interesting

Post by nonspecifics » Tue Aug 23, 2011 10:31 pm

I can see your point about the Zambrano ruling, but how that will affect future decisions by UKBA is anyone's guess right now.

From previous cases, UKBA do not volunteer to give extra rights. They interpret rulings in as limited a sense as possible.

If you suffer severe health problems, could there not be a case for you arguing your child needs his father to help take care of him and it is an abuse of his human rights that UKBA have prevented that?

sarah130179
Newly Registered
Posts: 10
Joined: Mon Aug 22, 2011 6:34 pm
Location: england

Post by sarah130179 » Tue Aug 23, 2011 10:37 pm

well at least some body does lol that was the whole reason i joined the forum to try to get some possitive help to reunite my husband with our 3 children i am just so confused about everything and everytime i think there maybe some kind of light i find out that yet again we are different and it aplies to the masses but not to us xx

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