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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omonile
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by omonile » Wed Oct 05, 2016 11:53 pm
I will be applying for PR 7months before the Expiry of my current Resident card,However,my Eea wife may not assist with her identity document as we are in the process of beginning divorce but presently separated.would I be given long or short COA in view of the 7months left on my resident card.Thanks
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noajthan
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by noajthan » Wed Oct 05, 2016 11:55 pm
omonile wrote:I will be applying for PR 7months before the Expiry of my current Resident card,However,my Eea wife may not assist with her identity document as we are in the process of beginning divorce but presently separated.would I be given long or short COA in view of the 7months left on my resident card.Thanks
Long
All that is gold does not glitter; Not all those who wander are lost. E&OE.
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Wise
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by Wise » Thu Oct 06, 2016 11:19 am
As Noajthan said you will be given long COA provided the necessary documents are there. Also why in a rush to submit 7 month early when divorce process is at least 5 month depend when you live and as soon as you sort that out then you can apply on own own right without her ID.
Otherwise your application may be send back because you still married and also 7 month is too much and it make no difference that the application will be dealt with on time as you still have more time of residence. The least I personal have done was submission a month before the expiry date and the point is why in a rush? Article 50 has nothing to do with you, ha ha.
It is really good to help and everyone deserve to be respected in life. Good luck.
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omonile
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by omonile » Thu Oct 06, 2016 12:16 pm
Thanks Honourable Noajthan and Wise.Indeed my five years continuous residence will be due early next year and will still have 7months afterwards.just need to have an idea of what I will face in view of my "wife" erratic and uncooperative behaviour.I have proof of her 5year exercise of treaty right.which gave her the right of acquired PR .I am only worried about long COA because I want to be able to Continue providing for our child during the upcoming difficult time.Thanks to you guys for the reaassurance.
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Wise
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by Wise » Thu Oct 06, 2016 12:34 pm
Okay now i see where you're coming from.
Two options here if am in your shoe.
1, Persuade her to apply as a couple with her ID, since you're separated but married as you can't make an application as married person without your spouse identity they will send it back. (This people)
2, Finish your divorce proceedings and apply only just with her treaty right paper work for 5 years without her ID am very sure with this option will be okay.
Good luck
It is really good to help and everyone deserve to be respected in life. Good luck.
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omonile
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by omonile » Thu Oct 06, 2016 12:53 pm
Wise wrote:Okay now i see where you're coming from.
Two options here if am in your shoe.
1, Persuade her to apply as a couple with her ID, since you're separated but married as you can't make an application as married person without your spouse identity they will send it back. (This people)
2, Finish your divorce proceedings and apply only just with her treaty right paper work for 5 years without her ID am very sure with this option will be okay.
Good luck
Thanks Wise I think this judgement
https://tribunalsdecisions.service.gov.uk/utiac/37491. Barnett and others 2012 dealt with no 1 issue.I think the divorce will take a looooooooong time.Difficult woman and a divorce involving a child.Thanks anyway,I appreciate.
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Wise
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by Wise » Thu Oct 06, 2016 1:22 pm
Did you like to go through this long route of rigorous interpretation of laws and waiting. Also prepare to spend some money. If you choose this route that is okay at least you have a ref and also an ideal which is great but i will use a lawyer to submit such application.
Good luck
It is really good to help and everyone deserve to be respected in life. Good luck.
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omonile
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by omonile » Thu Oct 06, 2016 3:06 pm
Wise wrote:Okay now i see where you're coming from.
Two options here if am in your shoe.
1, Persuade her to apply as a couple with her ID, since you're separated but married as you can't make an application as married person without your spouse identity they will send it back. (This people)
2, Finish your divorce proceedings and apply only just with her treaty right paper work for 5 years without her ID am very sure with this option will be okay.
Good luck
It's not my choice Wise. Her PR application has been submitted for a while, but because we've not been married for 5years,i could not be included ,besides she's just waiting for Her DCPR.Wise you indicated in option 1 that they may send my applications back without Spouses ID.Do you think that's right?I have the original copy of her registration card issued with EEA1 application hence they have a copy of her passport already;Just wondering if this may affect my Long COA as well.thanks
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Wise
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by Wise » Thu Oct 06, 2016 3:55 pm
Okay if that is the case just submit it with the blue registration card and quote your spouse PR application's case ID number in your (letter of application) and i just pray you have it as it will make your case easily link to her case regarding her ID.
It is really good to help and everyone deserve to be respected in life. Good luck.