Advice needed

[marcin]

Dear forum members,

I'm stuck in rather uncomfortable situation and want to hear your opinion

The situation is:

I'm non eu married my eu husband back in 2009. Applied and successfully received first residence permit in October 2009. The first permit was issued for 11 months only as at that time my husband didn't complete 12 months under WRS (A8 national ). In 2010 we applied together for eea1 and eea2 and received our residence documents by October 2010.

In 2012 we received a letter from ukba with questionnaire enclosed asking us to provide further evidence that our marriage is genuine and subsisting. The cause for this was that the vicar who married us was involved in immigration scam and as a result they are contacting us and other couples married by him. The letter said that I will be informed about the outcome of this review

We submitted all the info we could - joint bank statements, tenancy agreements, utility bills, joint life insurance policy, tickets to show I travelled to his county to visit his family, around 80 pics and the completed questionnaire ....

We have never heard back from them

We have been on holidays twice since then ( crossing borders together ) and we thought maybe they could just interview us at port of entry if there is anything flagging our status ( well , mine really). No.... As before - no questions were asked.

Now... Just after we got back from our last holiday ( 2 months ago ) something really bad happened to our marriage. I don't want to go into details as I don't think it's relevant... However we have split up and even though we are on speaking terms I don't think we can ever get back together.

Before I wasn't really worried about ukba business as we were together and I wasn't afraid of any checks/ interviews/ home visits , but obviously the situation has change . So on top of dealing with my wrecked marriage and sorting myself out I became externally paranoid about that ukba enquiry.

What is the best course of action for me? Contact them? But again -we are not divorced and haven't started the divorce yet... Keep waiting? What if they come for home visit and I'm not there? I just don't know how long will their "reviewing " process will take

Any ideas at all please ? I would appreciate your thoughts.

Thank you for your time

[Amebo]

Dear forum members,

I'm stuck in rather uncomfortable situation and want to hear your opinion

The situation is:

I'm non eu married my eu husband back in 2009. Applied and successfully received first residence permit in October 2009. The first permit was issued for 11 months only as at that time my husband didn't complete 12 months under WRS (A8 national ). In 2010 we applied together for eea1 and eea2 and received our residence documents by October 2010.

In 2012 we received a letter from ukba with questionnaire enclosed asking us to provide further evidence that our marriage is genuine and subsisting. The cause for this was that the vicar who married us was involved in immigration scam and as a result they are contacting us and other couples married by him. The letter said that I will be informed about the outcome of this review

We submitted all the info we could - joint bank statements, tenancy agreements, utility bills, joint life insurance policy, tickets to show I travelled to his county to visit his family, around 80 pics and the completed questionnaire ....

We have never heard back from them

We have been on holidays twice since then ( crossing borders together ) and we thought maybe they could just interview us at port of entry if there is anything flagging our status ( well , mine really). No.... As before - no questions were asked.

Now... Just after we got back from our last holiday ( 2 months ago ) something really bad happened to our marriage. I don't want to go into details as I don't think it's relevant... However we have split up and even though we are on speaking terms I don't think we can ever get back together.

Before I wasn't really worried about ukba business as we were together and I wasn't afraid of any checks/ interviews/ home visits , but obviously the situation has change . So on top of dealing with my wrecked marriage and sorting myself out I became externally paranoid about that ukba enquiry.

What is the best course of action for me? Contact them? But again -we are not divorced and haven't started the divorce yet... Keep waiting? What if they come for home visit and I'm not there? I just don't know how long will their "reviewing " process will take

Any ideas at all please ? I would appreciate your thoughts.

Thank you for your time

What is ur question, are going for a divorce? you cant tell if HO is going to come back to that house asking for more details,

If you intend to go for a divorce, is up to you, is either you get back together as a partner to stop panicking of or for a divorce.

Hope this helps a bit

Other members will share there own opinion

[Obie]

You will be fine if your marriage is not one of convenience.

You will be fine, so long as he is in the UK exercising treaty rights.

[marcin]

Thank you for taking time answering me.

Does anyone have any knowledge of what the next ( if any) steps they may take ? Or what are the timelines for this kind of enquiry? It's been over 13 months since we sent them the bunch of paperwork. Shall I chase them?

I should qualify for PR in 9months, we were planning to apply together when the time comes (eea3 and eea4) even though he had completed his 5 years before me... I understand I have few options : if we don't reconcile and get divorce done before my 5 years anniversary I can apply for ror? Or if we separated but not divorce we could still apply together as married but separated couple? Or I can apply on my own, doesn't matter.

Would I be better off engaging a solicitor?

I apologies in advance if my questions are vague or silly , I'm very stressed and guess can't think straight

[Obie]

That enquiry usually leads to two things. Either revocation with a right of appeal , probablyfollowing an interview, or no further response, in which case, the status quo remains.

Wait until your qualifying period and apply.

[marcin]

That enquiry usually leads to two things. Either revocation with a right of appeal , probablyfollowing an interview, or no further response, in which case, the status quo remains.

Wait until your qualifying period and apply.

Thank you Obie,

Do you think it's possible that they have closed an enquiry already? Even though no one notified me of the outcome?

[marcin]

Good morning everyone,

I would be grateful if someone could help me to understand – I should be eligible to PR by May 2014. if Im to divorce my husband before 5 years anniversary (lets lay the divorce is finalised a month or two before that date, shall I apply for ROR or I can possibly wait until 5 years anniversary and apply for PR straight away?

Many thanks in advance

[askmeplz82]

Good morning everyone,

I would be grateful if someone could help me to understand – I should be eligible to PR by May 2014. if Im to divorce my husband before 5 years anniversary (lets lay the divorce is finalised a month or two before that date, shall I apply for ROR or I can possibly wait until 5 years anniversary and apply for PR straight away?

Many thanks in advance

better to apply for PR if you get all the documents from him. Couple of forum members struggling to get all the required documents after divorce.

if you apply for PR - proof of exercising treaty for EEA national right until divorce and then your exercising treaty right after divorce

[marcin]

Good morning everyone,

I would be grateful if someone could help me to understand – I should be eligible to PR by May 2014. if Im to divorce my husband before 5 years anniversary (lets lay the divorce is finalised a month or two before that date, shall I apply for ROR or I can possibly wait until 5 years anniversary and apply for PR straight away?

Many thanks in advance

better to apply for PR if you get all the documents from him. Couple of forum members struggling to get all the required documents after divorce.

if you apply for PR - proof of exercising treaty for EEA national right until divorce and then your exercising treaty right after divorce

Thanks, he is applying for eea3 now so hopefully he will have his PR soon and so far he assures me he will help with paperwork. I understand it will make it easier for me if hes got PR confirmed (less paperwork to ask him for ) However if im divorced couple of months before my PR is due can I skip ROR and apply for PR being divorced?

[marcin]

Good morning,

some updates on my situation – back in April I received a letter from UKBA confirming they are satisfied with our marriage being genuine and have no further questions. Such a relief 

a lot of things has happened in our family and despite best efforts from both sides we are still apart and living independent lives. My husband applied for EEA3 and due to an error from caseworker it has been refused, he appealed the decision but currently waiting for a hearing date. So at the moment there is no indication when will he receive a confirmation of his PR. UKBA insist that he should be eligible to PR 4 years since the date his Registration Certificate was issued, not 4 years after he completed 12 months employment under WRS…. Nonsense
Im eligible to apply for my own PR now, however his refusal is holding me back, as im not sure it won’t be refused since they haven’t confirm his PR.

We are remaining friends and he promised to help me in every way to get my status sorted. My question is what is the best course of action at the moment:

1. Apply now, despite his ongoing appeal
2. Wait until his PR is issued and apply then ( it may take ages)
3. Get divorced and apply after its finalised?

Im worried that when applying as still legally married our address will be different in the last 10-11 months, is it a big issue?