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Urgent please help: ROR and non EEA baby

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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fatimahh
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Urgent please help: ROR and non EEA baby

Post by fatimahh » Tue Sep 03, 2013 1:38 pm

I have read similar thread such as http://www.immigrationboards.com/viewto ... =child+ror
and
http://www.immigrationboards.com/viewto ... born+child

but i just want to make sure i know where i am going. I am now going through a very difficuld and sad time of my life. My husband has decide to divorce :( . For those who followed my first thread in this forum, you will know that i recognise my mistake and thought things where going well, but unfortunately here we are, the end of the road after 4 years of marriage.

[quote="fatimahh"]HI, everyone, i know you are doing your best to deal with everyone, but could you please help me!!!
I have been maried with my partner for 3 years now and have the EEA Permit as he is member of EEA. i now have a daughter born in the uk, but she is not my husbands' as he cannot have baby and i wanted one. he has therefore refuse to recognise her. could you help me with information on how to get her a visa
thank you in advance[/quote]

My concern for my daughter:
1- she has a non EEA passport with 6month family permit which will expire in november 2013. If the divorce proceeding goes ahead will i be able to retain her right without using a lawyer? the reason is because Obie quoted in another thread that

[quote="Obie"]If the child was born prior to the divorce, and residing in the UK then he too will retain his right of residence. The mother may be able to [b]claim derivative right depending on the circumstances[/b].[/quote]
2 What are the derivative right and do you thing my circumstances is ok??
3- Hubby aggree to give me requested doc for ROR, but there is a time when he had like 3 months gaps not working because he quit is job due to stress and never register with JSA while looking for another one. Will that be a problem for PR later
Please note that i am well aware that child does not need the card but i do travel due to work constraint and i have no one to look after her if i am to travel, so really need her staff sorted.
i did try to get hubby again to do her staff for EEA2 but he refuse and now intend to fill the divorce petition. :( :( :(

Please advise
GOD BLESS!!!

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Sep 03, 2013 3:46 pm

The child should be able to retain her right of residence also.
Smooth seas do not make skilful sailors

fatimahh
Member of Standing
Posts: 354
Joined: Tue Mar 12, 2013 9:10 pm
Mood:
Guinea

Post by fatimahh » Wed Sep 04, 2013 9:08 am

Thank you for your reply Obie. i think i need to start gathering doc before he changes his mind.
GOD BLESS!!!

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