EEA2 applying visa where as my wife already married Non-EU

[Jambo]

Yes you can apply under durable relationship, and include evidence of your child, and see how this go.

I believe the July changes to the regulations (regulation 2, 1(e)) prevent an application based on durable relationship if a spouse already resides in the UK.

He can still apply based on his child.

[cdyz5]

Guys I just read the regulation 2, 1(e) according to this law I am not eligible to apply visa as an EEA partner either I am in realationship or even Married? even I got a lot of proofs but dont thing they worth it now after reading the regulation 2,1(e).

I read about child as many people say I can apply on the basis of my child in order to do so I need Court Order confirming custody but we live together not separably.

Kind advise as i cant understand which step shall I take and my post study visa is running out soon too.

Much appreciated for your time and advise.

[Obie]

well i am aware of the July legislation and i cited it in my previous post.

I am quite unsettle about the UK legislating on who can be considered as Durable partners. Durable partner is a community term and cannot be defined in a way that is similar to bigamous relationship. According to the directive, extensive examination has to be undettaken of these people. By simply saying we cannot accept your relationship, as you are married and your partner is in the UK, without considering factors like the existence of a child, the length of relationship and the fact that divorce proceedings has commence and would have been concluded had the spouse's whereabout been known, then the UK will be in breach of EC law and the charter of fundamental rights, when the OP relationship cannot be described as criminal.

[ravii]

Today 24th of november 2012,one of my friend received 30 months discreatinary leave to remain in the Uk on the bases of his british son but with the condition that he may apply ILR after 120 months.he also received another letter in which UKBA refused his spouse application with no right of appeal.So there is a hope for you.

[cdyz5]

Thanks for the support and advise guy's
Much appreciated to all of you take time to read and reply me.
I send my paper to UKBA on 26th Nov but still havent received acknowledgement letter, kindly please advise how long it takes and i have to give a copy of the letter to my employer.

Regards,

[cdyz5]

Hi Guys.

Received COA from UKBA on 4th January. and also received letter from solicitor states,

I write further to recent correspondence and enclose court order dated 8 January 2013 confirming that your application for court bailiff has been approved.
As before, your divorce documents will now be passed to the court bailiff team in London to try and effect service upon Mr XYZ. I will contact you once i hear further from the court.
There is nothing further for you to do at this stage however if you have any queries please do not hesitate to contact me.

The court letters says.
Before District Judge xyz at Manchester Court , Mancheser Civil.
Upon considering the application for bailiff service from the petitoner’s solicitor
EX PARTE
IT IS ORDERED THAT:

The application for bailiff service be approved.






I also sent all these two letter to UKBA for my case.
please share your thoughts.

[cdyz5]

HI All.

Thanks for your support I get my EEA visa on 20th June. its for 5 years. thanks once again for your support.

Regards.

[Directive/2004/38/EC]

Thanks for your support I get my EEA visa on 20th June. its for 5 years. thanks once again for your support.

When exactly did you apply?

[cdyz5]

Thanks for your support I get my EEA visa on 20th June. its for 5 years. thanks once again for your support.

When exactly did you apply?

Hi, I applied on 26th Nov 2012. previous visa i was on psw expiry date was 30th Nov 2012.

Regards,