Forum Immigration UK

Fora Expat w Immigration UK: Zadawaj pytania I bierz udzial w dyskusjach dotyczących zycia Expats.

  Szukaj na stronie

  Karta Użytkownika  -  Pomoc  -  Regulamin  -  Privacy Policy

✎ EN EEA2 & 3.4 years then separation, HO stance?
    

Temat na forum 'Immigration UK' rozpoczęty przez whysohard, Październik 10, 2009.

  1. whysohard

    whysohard New Member

    Dołączył:
    Październik 10, 2009
    Posty:
    4
    Polubienia:
    0
    hi guys,
    i've read quite few things on the subject but here is my situation in brief:

    married for 3.4 years, EEA2 RP expires in 2011
    EEA person still in the uk and been working throughout the marriage
    now separated, we started living in different homes


    we dont really want to divorce just yet as the separation is more of a break period

    i was under the impression that the home office would want to know if we separate, is that correct or do they only need to know if we get divorced?

    is there a period that i have to wait before informing the HO of the separation because as you can immagine what if we get back together in 6 month time?

    can i retain my rights if we are just separated but do not want to divorce?

    any answer would be much appreciated
     
    #1 whysohard, Październik 10, 2009
  2. sueno2007

    sueno2007 Active Member

    Dołączył:
    Czerwiec 26, 2007
    Posty:
    41
    Polubienia:
    0
    Miasto:
    Manchester United
    Kraj:
    Wielka Brytania
    Język:
    English
    sorry to hear about the situation..

    not an expert, but from my understanding you have to inform HO only if you divorce as separation does not involve anything formal.. i.e. you don't have a document stating that you are separated.. because of this my guess is that you shouldn't worry about informing HO until you get divorced and if so, then you'd loose the rights given by EEA2 and would have to apply for residence on your own..
     
    #2 sueno2007, Październik 10, 2009
  3. whysohard

    whysohard New Member

    Dołączył:
    Październik 10, 2009
    Posty:
    4
    Polubienia:
    0
    hi ManU, thanks for the swift answer, it is all so confusing... i was just thinking that if i dont inform them and then comes 5 years what am i going to apply for especially if we are still married but separated (not living in the same home)?
     
    #3 whysohard, Październik 10, 2009
  4. sueno2007

    sueno2007 Active Member

    Dołączył:
    Czerwiec 26, 2007
    Posty:
    41
    Polubienia:
    0
    Miasto:
    Manchester United
    Kraj:
    Wielka Brytania
    Język:
    English
    well, if 5 years pass and you are still separated but married, you can apply for citizenship on the grounds that you have lived in the UK for 5 years.. in fact if you've had FMRS before you may be able to apply for it sooner (as soon as you have lived 5 years in the UK)..
     
    #4 sueno2007, Październik 10, 2009
  5. whysohard

    whysohard New Member

    Dołączył:
    Październik 10, 2009
    Posty:
    4
    Polubienia:
    0
    it absolutely make sense, i think you have to have a lawyer's mind to understand these regulations, what i understood (having a simple mind) from the regulation is that the 5 years rule only apply when you are under uk rule, EEA 2 & 4 are european laws, so the 5 year rule would only be considered under their discretion.
     
    #5 whysohard, Październik 10, 2009
  6. thsths

    thsths Addicted member

    Dołączył:
    Kwiecień 27, 2007
    Posty:
    239
    Polubienia:
    0
    Płeć:
    Mężczyzna
    Kraj:
    Wielka Brytania
    Obywatelstwo:
    Niemiecki (DE)
    Język:
    Deutsch, English
    These situations can be quite complicated, and it all depends on the details. The solid facts are:

    Cohabitation is not a requirement, you are covered under European law as long as you are in an "ongoing marriage", whatever the exact circumstances. Of course the definition of "ongoing marriage" is rather complex, and it usually involves a lot of proximal evidence.

    If you are legally separated (as in the marriage is over, but not yet divorced), that is a bit of a grey area. The spirit of the law says you are fine, but the UKBA can be rather difficult to convince.

    Once you are divorced, and you have been in an ongoing marriage in the UK for at least 3 years before separating (that seems to apply here), you can apply for retention of residence. The UKBA is very difficult about this, but the law is pretty clear, so perseverance should get you there.

    I am not quite sure whether you have to tell the UKBA. I guess I would, just to be on the safe side, but it also cause a bit of hassle for nothing. I don't think it makes a big difference either way.
     
    #6 thsths, Październik 11, 2009
  7. whysohard

    whysohard New Member

    Dołączył:
    Październik 10, 2009
    Posty:
    4
    Polubienia:
    0
    the part i wasnt sure about is the separation without the divorce, if we divorce lets say next month (at least start the process) i thought the law is pretty clear about this.
    have you heard of any people that had trouble i can refer to, i know people had trouble proving EEA Treaty right of their spouse because of a nasty breakup but i have already accumulated everything for the last three years just in case.

    i'd appreciate if you can clarify this as there doesnt seem to be many people who are in the same situation as me.
     
    #7 whysohard, Październik 11, 2009
(You must log in or sign up to post here.)
Wczytywanie...
Podobne tematy Forum Data
✎ EN EEA2 application with less than Two years cohabitation Immigration UK Czerwiec 22, 2013
✎ EN I WAS WATING 2 YEARS YEAS 2 YEARS TO GET MY EEA2 HERE Immigration UK Wrzesień 8, 2009
✎ EN Eea family permit or Eea2? Immigration UK Luty 5, 2016
✎ EN EEA2 residence card application was refused/EEA family membe Immigration UK Czerwiec 3, 2014
✎ EN Application fees for eea2 Immigration UK Listopad 26, 2013

Poleć forum

Facebook Twitter LinkedIn Pinterest WhatsApp Addthis