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✎ EN Anyone knows what document needed to apply under EEA LAW UK

Discussion in 'Immigration UK' started by hayot111, Nov 22, 2007.

  1. hayot111

    hayot111 Active Member

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    I FOUND THAT NEW LAW COMES OUT ON 30 JUNE 2006 ANY ONE TRIED TO APPLY ON THIS MATTERS AND HAVE ADEA WHAT DOCUMENT NEEDED TO APPLY?
    In the event of divorce, annulment of marriage or termination of registered partnership:

    It would not mean loss of right of residence for the non-EEA family members provided:

    * The marriage / registered partnership lasted for at least three years, including one year spent in the UK; or
    * The spouse / partner has the custody of child of the EEA national by a Court Order or
    * The non-EEA family has been a victim of domestic violence while the marriage / registered partnership was subsisting; or
    * The non-EEA family member has the right of access to a minor child and the Court has ruled that access must be enjoyed in the UK and for as long as is required.

    But before applying for permanent residence they need to fulfil the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover in the UK.
     
  2. thsths

    thsths Addicted member

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    Re: anyone knows what document needed to apply under EEA LAW

    I don't remember that anyone here actually did this, but it was certainly mentioned as one of the advantages of the EU law. I think the main problem is that you will need documents from your ex-spouse. This is to prove that while the marriage lasted, your spouse was residing in the UK and exercising treaty rights. If you are not on friendly terms with your ex-spouse, then you will probably need the help of a solicitor.

    Of course it would help if you could write a bit more about your case, for example whether you have kids, how long the marriage lasted, when it ended, what your current status is etc.
     
  3. hayot111

    hayot111 Active Member

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    hi thanks for your reply . yes we been together for 5 years im been granted by the home office in 2003 for 2 years then i applyed again been granted for 5 yeas in 2005 till 2010. im completing the 5 years residence in summer 2008.and i completed 5 years marriage all ready and i have no kids. and nothing its friendly between us at the moment. so any advice ? thank you for your help again.
     
  4. thsths

    thsths Addicted member

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    Which is perfectly normal, but it does create a problem for you: how do you prove that your spouse was living (and working) in the UK up to the divorce? Technically you may have to provide this evidence, although common sense dictates that you cannot.

    Anyway, have a look at the casework, Chapter 5, Section 5. It contains a list of required documents, and if you have these, you should be successful. You can also check with the relevant regulations, although these are only used in difficult cases.

    It seems that you only need:
    • Passports of the non-EEA family members
    • Divorce certificate/certificate showing termination of civil partnership
    • Evidence that at least one of the non-EEA family members is a worker, self-employed or self-sufficient.
    Since your residence card is still valid for a number of years, I think you can just send the application and see what happens.
     
  5. hayot111

    hayot111 Active Member

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    the problem we are not divorced yet just separated ! i have to wait to complete the 5 years residency in may 2008 or i can apply now? also please can explain whats the last 2 lines means to fulfill?
    by the way im working . thanks for your help


    It would not mean loss of the right of residence for the family members, who are not nationals of the member state, and who have been residing in the UK as family members for at least one year before the EEA national's death or departure from the UK. But before applying for permanent residence they need to fulfil the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover.
     
  6. thsths

    thsths Addicted member

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    So many questions. Yes, you have to wait until May (or shortly before). With less then 5 years of residency, you can only apply for a residence card, and you have that (or the equivalent from the previous legislation) already. And you may want to wait until you are actually divorced, because that is the point when you retain your rights. You should certainly notify the Home Office when you are divorced, although it does not change your status.

    The quoted sentence means that once you are divorced, you need to rely on your own income (either working, self employed or using savings). Before the divorce, the EEA citizen has to demonstrate sufficient means. And I assume that you are covered by the NHS, so insurance is probably not an issue.
     
  7. hayot111

    hayot111 Active Member

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    thanks for your reply. you are very helpful
     
  8. hayot111

    hayot111 Active Member

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    hi thsths something else please wich application i go for i guess its EEA4?
     
  9. thsths

    thsths Addicted member

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    Yes, that should be the one. Remember that you have to be in the UK for 5 years before you can apply.
     
  10. hayot111

    hayot111 Active Member

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    you mean completed 5 years of residency in uk under eea member? beacause i have 9 years already and 5 years marriage and 4 years and 6 months resident permit and 1 month separated . the thing its if i can apply if we are not divorce? thanks thsths
     
  11. thsths

    thsths Addicted member

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    The laws says 5 years since you started living together in the UK. However, you also need to produce evidence to support this. If you have that, you can probably apply now. Otherwise, the time when you applied for your first visa under European law is obviously a date that the Home Office already has on the record, so you can use that as well.
     
  12. hayot111

    hayot111 Active Member

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    hi thsths I calld homeoffice they said I have to probe my wife she,a treaty right how and nothing friendly btween us! Any ideas .thank u for ur help
     
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