Need Advice

[paul.paul]

Hi

I am non eea family member of eea national. I have been married for four years now. We have been staying together & working in UK since 2011. We have a child of 6 months. Currently my wife is on Maternity Leave. My wife is leaving UK with our baby in May this year. I tried my best to convince my wife to stay here in UK but she is going back to her home country and didn’t like here much. I don’t need to apply for the custody of child because she allows me to come and meet my child anytime. We are not divorcing each other but just getting separate. After my wife leaves the UK, do I need to inform home office? Do I need to apply for right to retain? I have consulted this with lawyer who told me I should inform home office only when I will apply for permanent residence. My current residence card is valid till 2016 Feb.
As I know if you are married for three years and out of those three years if one year you have spent together in UK, you can stay in UK. I do not have any proof of working in European country before coming to UK. Am I still eligible to apply for right to retain? Is that true from 2016 non-EU nationals will have to earn at least £35,000 per annum to apply for permanent residency in the UK, I have read this on following website http://thepienews.com/news/uk-to-tighte ... s-in-2016/. Is this rule going to affect me as well?

Thanks for advice.

[EUsmileWEallsmile]

The link you posted to is not relevant to your case.

The requirements for retention of right of residence are detailed in directive 2004/38/EC. From what you describe, they don't appear to apply to your case.

I would not wait until 2016 to try and resolve my status if I were you.

[UKBA HUNTER]

I have read this on following website http://thepienews.com/news/uk-to-tighte ... s-in-2016/. Is this rule going to affect me as well?

I just checked this website and do not be puzzled from the word NON-EEA national because different website/sources use different words like foreigners/non-eea nationals/overseas etc. This news not relate to non-eea holding EEA2. See another weblink where they give message but use the word overseas workers.
http://www.out-law.com/en/articles/2012 ... tle-in-uk/

[paul.paul]

The link you posted to is not relevant to your case.

The requirements for retention of right of residence are detailed in directive 2004/38/EC. From what you describe, they don't appear to apply to your case.

I would not wait until 2016 to try and resolve my status if I were you.

Thanks for you prompt reply. So I should apply for right to retain once my wife leaves the country. As I said I do not have any proof of working in European country before coming to UK. Am I still eligible to apply for right to retain? Is my case strong enough to get right to retain. thanx

[EUsmileWEallsmile]

Please review articles 12 and 13 of this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

[paul.paul]

I have read this on following website http://thepienews.com/news/uk-to-tighte ... s-in-2016/. Is this rule going to affect me as well?

I just checked this website and do not be puzzled from the word NON-EEA national because different website/sources use different words like foreigners/non-eea nationals/overseas etc. This news not relate to non-eea holding EEA2. See another weblink where they give message but use the word overseas workers.
http://www.out-law.com/en/articles/2012 ... tle-in-uk/

thanx for your reply. after we separate, am I still be considered as non eea holding eea 2 or my statue is gonna change after i apply for right to retain.

[paul.paul]

Please review articles 12 and 13 of this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Thanx a lot !!!