can i travel to uk

[noajthan]

I am really scared to call the number 111 so he can get help, i dont know what he will do when he finds out i am trying to get him help, i really live in fear yet i want to help me get better. I am really stranded and i can not go to women shelter, how i speak bad about him, he's my baby daddy. Yes i know his done some bad things like close me inside the house and take the key when he goes out because he dont trust people that he think they will change me, he refusing me to have friends, he doesnt want i work that his country women dont work and when they do, they feel big on men and he can not accept that, so many other things but i feel gulity when i think of leaving, i dont know who will help him after, i really want he get well

Oh dear.

Calling the 111 NHS number for health advice will not trigger any forced or unwanted intervention by the authorities, it is just an advice line.

Noone will intervene for you at this stage, especially if you are locked in a room & noone is aware of your situation.

You clearly need to feel safer and be safer than you are.
Things will not change by themselves &, by the sound of it, your husband will not get cured by himself (nor overnight).

The organisations & charities and people i have mentioned should not be seen as threats.
There are good people in this country who want to help others.

In this country everyone is a person in their own right, not a package owned by someone else.
At some point you will have to take action & make tough decisions
- either for 2 of you or for all 3 of you.

I know it's easy for me to sit here typing away, sipping my green tea, I am not living your experience but I am concerned by what you have said.

In particular...
a) noone should be controlling you
&
b) you need to act for this to change

Good luck.

[maya nalya]

I will try call the charity organisations when his not home because im really scared of his reaction since today he is screaming and hitting the wall.

[maya nalya]

I have seen people in the forum saying they were give 90 days stamp visa in their non eea spouse passports and others 30, i was give 6 months visa with the words "admitted to the United Kingdom under immigration (EEA) regulations 2006 for six months" my spouse is uk citizen as well,

[noajthan]

I have seen people in the forum saying they were give 90 days stamp visa in their non eea spouse passports and others 30, i was give 6 months visa with the words "admitted to the United Kingdom under immigration (EEA) regulations 2006 for six months" my spouse is uk citizen as well,

This type of stamp is issued to a non-EEA family member of a EEA National who has arrived at a port of Entry without any prior permission, or with an expired Residence Document.

It would read 'Admitted to the United Kingdom under the Immigration (EEA) regulations 2006 for 6 months' and would not be accepted by an employer as proof of that individuals right to work.

[maya nalya]

Yes u so right
Thats why i tried apply for national insurance number and they said no in birmingham
I didn't understand it then

[maya nalya]

This website is a lifesaver
Everything i am told here my solictor doesn't tell me anything.
It's like she doesn't know much

[noajthan]

I have a question for you - was your husband working at all when you lived in Norway?

The reason I ask is due to some relevant & interesting case law - the case of Eind,
(And Vinny hinted at this in a previous post, above - not sure if you picked up on it).

See http://www.bailii.org/cgi-bin/markup.cg ... od=boolean

When a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68 as amended by Regulation No 2434/92, which applies by analogy, to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities.

2. The fact that a third-country national who is a member of a Community worker's family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national's right to reside in the latter State.

This is also confirmed by a HO document on recent case law, which refers to Eind:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf

Eind (C-291/05)

In the ECJ case of Eind, the court clarified that the British sponsor in a Surinder Singh case does not need to show they continue to be a worker or self-employed person upon their return to the UK

The British citizen is only required to show they were a worker or self employed person before returning to the UK

I think it means your husband is under no pressure to find employment (unless he wishes to) and it will not impact your residency in UK.
Suggest talking to your representative about this matter - it may well help secure your position in UK.

[maya nalya]

He worked in Norway
From 19 november 2013 to 5 march 2014, he was a contract and payslips
And for a month he was in hosptial
The got another job june 2014 but only worked for two month due to health problems and didnt get a contract or payslips, i dont know why
And he worked again 28 dec 2014 to 30 march 2015, he had the contract and payslips
But the whole april he was in hosptial
We have all the hosptial documents and his G.p report letter in Norway
We came here 24 may 2015




l

[noajthan]

He worked in Norway
From 19 november 2013 to 5 march 2014, he was a contract and payslips
And for a month he was in hosptial
The got another job june 2014 but only worked for two month due to health problems and didnt get a contract or payslips, i dont know why
And he worked again 28 dec 2014 to 30 march 2015, he had the contract and payslips
But the whole april he was in hosptial
We have all the hosptial documents and his G.p report letter in Norway
We came here 24 may 2015

That is wonderful news.

As husband worked for some time when you shifted your centre of life to Norway you have indeed fulfilled various conditions under the Surinder Singh option.
The approximately 18 months time period based in Norway really helps too. It shows it was no holiday picnic.

Now you are in UK it is not necessary for husband to be economically active - as per case law of Eind.

So I believe you are able to apply directly for a confirmation of PR;
ie without the conventional exercise of treaty rights by your sponsor (spouse) for a continuous period of 5 years.

You should of course double check everything; (I am not a lawyer)

As this is so critical to your immediate future (before anything untoward or drastic happens), and it is a complex area of law, I urge you to check on this asap.

If it is possible it would seem prudent to apply for your confirmation of PR asap.
That would confirm your settled status in UK and surely give you the breathing space to figure out next steps.

And if any Europe-hands care to comment that could only help this lady

[Casa]

Well done noajthan +1
I'm going to start drinking green tea.

[noajthan]

Well done noajthan +1
I'm going to start drinking green tea.

I swear by it - lots of antioxidants Casa;
the way I see it it balances out all the unhealthy goodies I tend to snack on whilst wrestling with forum postings.

[maya nalya]

I will cross check with my solicitor tomorrow
I really hope it is true i can apply for PR instead of RC
I will let you know what she think about it
i want to also tell you that I have points to prove transfer of centre of life
like we all have G.p in Norway
my child was born in Norway and had most of her vaccines there
we had bank cards both of us
house contract with both our names
maybe for language i did not learn Norwegian

[maya nalya]

My husband a british citizen who was in england by then met me January 2012 and on 2/02/2013 he came to Romania and we married 12/03/2013 and left
Romania 28/04/2013 to england, he came back in Romania in septmber 2013 and from then he didn't go back and we went together in Norway on 09/11/2013 and where i got residence card for family membe and had first child on 07/09/2014 and on 24/05/2015 we left Norway and came here in uk

[maya nalya]

Things did not go well with my solictor, i was informed i only depend on my husband to stay here because of the way i came in with surrinder singh route and if not then i need to apply for limited stay as mother of british child and every 2.5 years i need to renew and this route does not lead to Pr.
So i can not apply not depending on him, but they are forgetting his on and off with the sickness, its really hard to depend on him

[Casa]

Things did not go well with my solictor, i was informed i only depend on my husband to stay here because of the way i came in with surrinder singh route and if not then i need to apply for limited stay as mother of british child and every 2.5 years i need to renew and this route does not lead to Pr.
So i can not apply not depending on him, but they are forgetting his on and off with the sickness, its really hard to depend on him

Did you raise this point as noajthan suggested?
"Now you are in UK it is not necessary for husband to be economically active - as per case law of Eind."

[maya nalya]

Yes I told her and she said that it was fine if his not working at the moment but they will need a permanent address from us, my husband has refused medication or even see a doctor, he scares me to death when i ask him to see a doctor, but honestly if he doesnt want to help himself what i can do, i have really tried so hard. How we can pay for house if his not working, she tells me that its a problem and HO reject my application because of lack of address. How i can depend on someone who's health is not stable.

[noajthan]

Things did not go well with my solictor, i was informed i only depend on my husband to stay here because of the way i came in with surrinder singh route and if not then i need to apply for limited stay as mother of british child and every 2.5 years i need to renew and this route does not lead to Pr.
So i can not apply not depending on him, but they are forgetting his on and off with the sickness, its really hard to depend on him

The alternate route mentioned is based on UK immigration law - it does not sound like it was explained clearly to you.
It does not lead to PR because it leads to ILR instead; (that is another form of settled status based on UK domestic law).

However that path is quite inappropriate for your immigration history & present circumstances.
You are in UK quite legitimately under EU rules via the Surinder Singh;
ie via your 18 months or so in Norway.

And, based on Eind, your spouse does not need to be economically active.

Under EU rules the target is settled status as PR.

See UK Gov's document on case law, including a summary of Surinder & Eind:
https://www.gov.uk/government/uploads/s ... _0_EXT.pdf
- page 12

Getting permanent residence

In some cases you can get permanent residence if you’ve lived in the UK for fewer than 5 years.

You can get permanent residence before 5 years if ...:
your EEA national family member was working or self-employed in the UK but has ‘ceased activity’ (stopped work or self-employment because of retirement or permanent incapacity ...)

https://www.gov.uk/apply-for-a-uk-resid ... dence-card

As per Eind this also applies if BC national (treated as EEA national due to Surinder) was previously working in a 3rd EU state.

[noajthan]

...

How we can pay for house if his not working, she tells me that its a problem and HO reject my application because of lack of address. How i can depend on someone who's health is not stable.

You are a family in need and can surely receive assistance with housing;
CAB & housing links intended to help you find out about those matters.

Not everyone in UK has to (or can) 'pay' for where they live.

Sooner or later your husband will have to face up to health issues or surely face serious consequences.

[noajthan]

Finally found it ...

The Home Office position on Eind:
https://www.whatdotheyknow.com/request/ ... 023660.pdf

The UK Border Agency acknowledges the judgment in Eind and as a result there is no requirement for UK nationals who seek to rely on the provisions of Regulation 9 to sponsor their family members under the Regulations to provide evidence of employment or self-employment on their return to the UK.

The impact of the judgment has been communicated to UK Border Agency staff in an internal guidance notice, ...

We are currently in the process of modernising the existing staff guidance for European case work, and will ensure that the updated position is reflected when the modernised guidance is published

... [you] asked why the UK Border Agency website does not highlight the impact of the Eind judgment on applications from family members of UK nationals under the Regulations. As a result of your enquiry we have reviewed the information on the UKBorder Agency website and we agree that the information for family members of British citizens on the “European Nationals” section of the website is out of date and reflects the previous position following the judgment in Surinder Singh. Thank you for bringing this to our attention and please be advised that we will amend this section in due course.

- we seem to be still waiting for this promised update to the website.

... [you] also asked about why there is no provision in the EEA2 form for applications on the basis of he ‘Eind’ judgment. Amendments were in fact made to the EEA2 and EEA4 form to better accommodate applications for documentation on the basis of Regulation 9. These are referred to as "Surinder Singh” cases as this was the most relevant judgment for family members of UK nationals, however, the form does not preclude applications submitted on the basis of he Eind judgment where the EAA national is not economically active in the UK

All from FOI request:
https://www.whatdotheyknow.com/request/ ... ber_c_2910

More discussion in the forum on this matter (the forum is your friend):
http://www.immigrationboards.com/eea-ro ... 10607.html

[noajthan]

Another FOI request asking useful questions about impact of Eind & need for RC &or PR once persons are in UK:
https://www.whatdotheyknow.com/request/ ... h_route_an

[maya nalya]

Thanks alot i really get it know, another thing she told me i can not claim any benefits because i have no status in uk yet and told me not to go charity to places for shelter as HO will need address to send me mails. The issue again troubling me is my husband seriously told me if i call anyone and his forced to go to hosptial i will loose my child as he will make case against me with child care, he talks like this maybe because his sick, but can it happen?

[noajthan]

It is clear from the above that non-EEA nationals who are in UK based on Surinder Singh & Eind have residency based on their sponsor who does not have to be economically active in UK.

It seems clear a RC can be applied for & granted immediately - the sponsor does not have to be a qualified person/economically active.

What is not so clear is whether the non-EEA national can shoot for PR immediately.
However there are indications this may be possible so that PR to be confirmed before 5 years has been spent in UK.

The advice of EU Rules-savvy lawyers would help here.

[noajthan]

Thanks alot i really get it know, another thing she told me i can not claim any benefits because i have no status in uk yet and told me not to go charity to places for shelter as HO will need address to send me mails. The issue again troubling me is my husband seriously told me if i call anyone and his forced to go to hosptial i will loose my child as he will make case against me with child care, he talks like this maybe because his sick, but can it happen?

Don't think of housing as charity. It's a stepping stone.
I believe if you are eligible some arrangement can be made.
I don't know much about that which is why I nudged you towards CAB & similar.

Benefits I know are getting harder due to Government policies in this area.
Again the appropriate advisors can help you - starting somewhere like CAB.

If husband is using threats based around your child it's time to consider your position - or rather his position in your life.
Sad to say it as he needs help himself.

But your whole foundation in this country depends on stabilising your immigration position.
You have many difficulties but that needs straightening out so you can stand and fight for the rest.

Hope you can encourage your solicitor to look into it all this again - and hope some Euro hands here can help out too.

[noajthan]

... HO will need address to send me mails.

From RC form - you can use a representative's address, so you don't really need a 'home' address:

The address at 1 should be the contact address in the UK for any correspondence. If it is not your home address (eg a solicitor or other authorised immigration adviser may be submitting the application), give the contact name at 2

[noajthan]

Other members' experiences on returning to UK & question of employment & question about claiming benefits & etc ...

No need for employment:
http://www.immigrationboards.com/eea-ro ... 83748.html

About claiming benefits:
http://www.immigrationboards.com/eea-ro ... 83069.html

another:
http://www.immigrationboards.com/eea-ro ... 16842.html