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EEA4 PR Or ROR HELP REQUIRED

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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tom_crouise
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Posts: 2
Joined: Sun Mar 24, 2013 2:09 pm
Location: Manchester
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EEA4 PR Or ROR HELP REQUIRED

Post by tom_crouise » Sun Mar 24, 2013 2:55 pm

Hi, Everyone on this site first of all it feels great to be part of this forum as i have been searching for my answers and it has been the best of all so far.

So, Here are my circumstances,

Came to uk in Feb/2007 on a Student visa Valid Until May/2010
My wife came to uk in apr/2007 since she is been working full time same employer.
got in to an (Islamic marriage) to an EU (Hungarian) in Oct/2007.
Applied For EEA1(wife) and EE2(Myself) in may/2010
Wife got her RD In sep/2010 and i got refusal for eea2 in sep/10
apealed against it won it in oct/2010 and got my passport with RD on it on apr/2011.

And Now we are getting seperated and migh get divorce in about next 2 to 6 months. So, Now my Question is that Do i Qualify for EEA 4 PR as we have been married over 5 years which was been acknowledge by Tribunel in thier decision. or as this marriage was'nt registered back then so do i qualify for ROR? Thanks if anyone can bring some light on it i would be grateful.
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Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Mar 24, 2013 9:54 pm

An Islamic Marriage is not recognised in English law, except this marriage was carried out in a country were such marriage was recognised.

It will be interesting to know exactly what the immigration Judge said in his/her determination.

If a marriage is not recognised in English law, difficult to see how you can divorce and retain Right of Residence.

If indeed the marriage is recognised in English law you will be able to secure PR.
Smooth seas do not make skilful sailors

tom_crouise
Newly Registered
Posts: 2
Joined: Sun Mar 24, 2013 2:09 pm
Location: Manchester
Contact:

Post by tom_crouise » Sun Mar 24, 2013 10:59 pm

thanks for getting back to me on this. Well when i was refused as a married person to my wife as you said english law would't accept it, i had to take witness to tribunal who atteneded the marriage and were named as witness on my marriage certificate as well. so judge considered thier statements.
and i totally agree with you islamic marriage is not considered under english law, however the best part it we did not fall into english law. it would come under EEA Law, where the judge accepted my apeal under section 8 human rights and the docs and wittness i present.

Thanks!

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