EEA 4 on child custody

[sherkhan]

Hi,
can anyone answer below queries.

wife German , husband pakistani on EEA 2. Married for three and half years. child German, all uk habitual and resident. Married for 3 and half years. divorced. win and have the full custody of the his EU biological child. have been told that husband can apply for EE4 on child custody by his lawyer.

queries are..(with utmost respect).

1. is that possible to apply from pakistan ? UKBA confirmed yes, so as lawyer. need another opinion and that is that safe to apply from pk or uk? is processing time the same?

2. what list of documents are required in such circumstance to apply EEA4?
and also if the documents requirements are same from pk as in uk?

[Jambo]

UKBA confirmed yes

Really? Did they confirm that in writing?

Although there is no requirement to physically be in the UK when applying, you need to send your passport to support the application which is not easy to do if you are abroad. I would also be surprised if the HO would post abroad. If you are applying via solicitor, you can use his address but you still need to get your passport to him.

The list of required documents are listed in the form.

[Obie]

Ignoring the possibility that you are not in the UK, do you have evidence that the German national was a qualified person at time of divorce?

Are children in school in the UK ? What are the terms of the custody order?

[sherkhan]

Thanks Jambo & Obie for your concerned replies.

Answer to Jambo query is : HO didn't confirm in writing. it was over phone though lawyer said and so as few cases we heard. and yes sending passport is not a problem ..
my question where is the list of documents @jambo?

answer to Obie query..
1. yes the german person was qualified. still live and work in uk. and since before the marriage

2. child only born in germany during early pregrancy then after lived in uk
3. no schools yet as child is only 2 and half year old . register with GP.
4. the content of custody are.. as on divorced child matter decided . the child get to live with the father in uk and mother have access to child only on weekends. father is responsible for cost and care of the child etc

please put more light on it .... thanks Jambo and Obie

[Obie]

Well as per the child custody terms, the child has to be in UK and mother had access at weekend. If you are going to retain rights based on the child, you will need to demonstrate that the child is at least physically present in the UK on the day of the application as per the court order .

Furthermore, is you ex wife willing to provide you evidence of her work activity at the time of divorce.

[sherkhan]

according to ukba it can be applied from there as child has right, +habitual +court order. as far as the court concern can only be raised if mother has objection of missing time period in between.

2. yes she has already provided the evidence of work for 3 years plus , don't know what the evidence of time of divorce you mean ? is it when the divorce filed or ur talking about degree of absolute date?

3. it can be asked from her if only its required ..

Obie , actually what ukba told my friend(husband) that he can apply from pk on child behalf . solicitor said he can apply any one of the terms , as of three years marriage or child custody one .
he have some issue to sort back home that can make him delay in coming and he think to utilize the time there and apply while he is there. thats why these all queries rises ..

though my advice to him was to apply everything in here .. but ukba and solicitor said otherwise ..