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[Amebo]

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[Amber]

Pls Help,

I am non EEA married to EEA National for more than 3 yrs now about to divorce due to some reason n both come to conclusion is not working out anymore.

We both had kids before we got married, me with another Girl herself with another man b4 the marriage...

Meanwhile after my 5 yrs was granted by HO yrs ago,... I started claiming Benefit, working tax and child tax credit... for a Child that is nt from my EEA national wife..

Pls Help is that going to affect my Retention of Right ( Benefit claim) and ll it also affect my Pr in future.

I am a full time working and my EEA wife is Self-employed till date and Ho did nt write NO RECOURSE TO PUBLIC FUND IN MY VIGNET when it was issued yrs back.


Pls guru moderators, OBIE, JAMBO N OTHERS pls help me ll this affect me.

Thanks for your reply soon

The case of DIATTA (ECJ 267/83) established that a spouse would not cease to be a family member in the event of marital breakdown/separation until such time as a divorce was finalised (Decree Absolute obtained).

Following the 2006 EEA immigration Regs, here are now a number of circumstances in which non-EEA national family members can remain in the UK even if their marriage breaks down.

There are certain circumstances in which you may retain your right to remain in UK under the EU regulations:

A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
• the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and
• the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
• the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
• there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.

In such circumstances a family member retains a right of residence if:
(a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.

So provided you have been in UK for a year or more, and you or your partner is in one of the categories listed under (a) to (c), you may be able to stay.

If you retain the right to reside following the decree absolute then you should be able to continue to claim benefits.

Source: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Amebo]

Thanks Amber,

you mean despite the fact that i have been claiming benefit for my child from another Girl but nt from from my EEA Wife,

Is nt going to affect my ROR N MY PR?

Thanks alot

Pls i am hoping to hear from other Guru Moderators, pls help me.....

ANY IDEAL
Thanks In Advance for ur reply

[Amber]

Thanks Amber,

you mean despite the fact that i have been claiming benefit for my child from another Girl but nt from from my EEA Wife,

Is nt going to affect my ROR N MY PR?

Thanks alot

Pls i am hoping to hear from other Guru Moderators, pls help me.....

ANY IDEAL
Thanks In Advance for ur reply

Whilst you are a qualified person (exercising treaty rights) you have the right to reside thus can legitimately claim benefit without it affecting future applications.

[Casa]

Does the child you have with the other woman live with you...or do you support her financially?

[Amebo]

xxxxxxxxxxxxxxxxxx

[Amebo]

sdfftyhiooooooooooooo

[vinny]

Please write in English, if you want further help.