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If someone has EEA family member permit can he apply

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

If someone has EEA family member permit can he apply

Post by Youngbeard » Tue Mar 14, 2017 11:59 pm

If someone has EEA family member permit can he apply on retained rights?

I have EEA permit and married to EU wife but was married before and divorced after 3 years of marriage.
My question is can I apply on retained rights basis as I have been married for 3 years and if I get all relevant papers whilst having already EEA family permit. Would I be allowed to do so?
And when could I apply for indefinite stay then?

Thanks for your help guys

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 12:43 am

Is everyone asleep?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: If someone has EEA family member permit can he apply

Post by vinny » Wed Mar 15, 2017 1:09 am

Do you mean that you have retained rights of residence from a previous marriage, to an EEA citizen, but are now married to a different EEA citizen?

What have you been doing since after the divorce?

Did you get an EEA family permit based on your current marriage?

See also similar case.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 2:16 am

I mean after the divorce I got married and applied and was granted a new visa on the basis of new marriage.
I do hold a new valid EEA family member permit.

My idea is to try to get all the paperwork from my ex wife and to apply for retained rights.
We divorced in 2014 since then I met new spouse and we have a lovely daughter and I got new EEA family permit based on new marriage.

Do you think I could apply on RETAINED rights basis referring to old marriage?

Thanks very much

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 3:20 am

Hi is everyone asleep ?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: If someone has EEA family member permit can he apply

Post by vinny » Wed Mar 15, 2017 5:55 am

Youngbeard wrote:Hi is everyone asleep ?
Why aren't you?
Youngbeard wrote:Do you think I could apply on RETAINED rights basis referring to old marriage?
Yes, subject to satisfying Regulations 10(5) up to 15.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 4:37 pm

Guys so would i be able to apply if that what I understood?


Also if I do not have a job now? 7 years after we married and 3 years after the annulment of marriage?
I do not have a job myself at present ( I thought that I also should be employed??)
But my ex wife has a full time job until now.



ALSO if I were to send the documents in to process the application can I request to return my passport and Family permit so I could travel??


Thanks

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 6:01 pm

Hey guys anyone knows that please?

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Wed Mar 15, 2017 6:43 pm

Youngbeard wrote:If someone has EEA family member permit can he apply on retained rights?

I have EEA permit and married to EU wife but was married before and divorced after 3 years of marriage.
My question is can I apply on retained rights basis as I have been married for 3 years and if I get all relevant papers whilst having already EEA family permit. Would I be allowed to do so?
And when could I apply for indefinite stay then?

Thanks for your help guys

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: If someone has EEA family member permit can he apply

Post by secret.simon » Wed Mar 15, 2017 8:40 pm

Patience is a virtue and I would highly recommend that you cultivate it.

When somebody with an answer comes along, s/he will answer it. If it is not being answered, either people do not have the answer or are busy or are asleep.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: If someone has EEA family member permit can he apply

Post by vinny » Wed Mar 15, 2017 11:59 pm

I think your ex wife's working after the divorce is irrelevant. It's her activities during the marriage until the divorce that's important. But your activities after the divorce may be relevant under 10(6), which is required under 10(5)(c ).
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Youngbeard
Junior Member
Posts: 71
Joined: Tue Mar 14, 2017 11:41 pm

Re: If someone has EEA family member permit can he apply

Post by Youngbeard » Thu Mar 16, 2017 4:09 pm

So If I am applying on retained rights, in my case would part time employment be sufficient ?
Or it would have to be full time?

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