mrlookforward
9 years ago

I have all the understanding of your personal circumstances, and it must be hard getting through this.


But, here I am just telling you the legal position. Basically refusal is correct, as your partner has not exercised treaty rights for full 5  years. Whatever the reason behind not working is immaterial.


No, they do not expect him to work, but also they have no obligation to you if you expect PR. Once he stopped working, and you started working, you should have immediately took legal advice. If you took out a comprehensive health insurance, once he stopped working and you started working, then you would have qualified for PR. But you did not take any legal advice, so now you having to face this problem.


For any chance to get PR in your circumstances, you will have to spend an absolute fortune on solicitors, and wait years for a legal battle. Still no guarantee of success. Actually most likely it will result in a failure.


Get legal advice for the possibility of making another residence card application after getting fully comprehensive health insurance. Once you clock 5 years again, you will then qualify for PR.


My humble advice to everyone is, as soon as your circumstances change, research and find out, or take legal advice to ascertain if change of circumstances will have any effect of the immigration status. Do not just sit and wait until you get a refusal.


regards


 


 

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lifeintheuktest
9 years ago
mr lookforward thanx very much for your advice ,so the only solution now is to re apply for a residence card .
kind regards
lifeintheuktest
9 years ago

how to i retain the right to stay in the uk after the divorce since we do not have children together.thanx

lifeintheuktest
9 years ago

Can i appy for a work permit visa now that i have a full time job and a contract,so that i won't rely to much on my husband,evidence of treaty right in the uk.if that s possible,what is the application form for the work permit visa.im so desperate please help

tangie
  • tangie
  • 50.2% (Neutral)
  • Guest
9 years ago

I don't believe so. You are here in the UK on the support of your EU Spouse, if it was not for him you would not be here.

tangie
  • tangie
  • 50.2% (Neutral)
  • Guest
9 years ago

look into this retention of the right of residence following divorce or annulment of marriage/ dissolution of civil partnership.

lifeintheuktest
9 years ago

thanks for this. I was looking for a similar info :)

mrlookforward
9 years ago

Are you planning for divorce?


 

lifeintheuktest
9 years ago

Help please


 


my husband is a French national who came to live in the uk in 2008 and eventually find work through agencies 2009,we got married here in the uk nov 2009 .i apply for residence card,i got 5years which expired dec 2014.while working as an hospital porter,he has to stop working bcoz he has to go for an eye operation,as a result of that,he was declared blind and got a doctor certificate confirming his blindness,i work part time since 2009 and we ve been married and living together for 5 years now,i applied for eea4 pR in dec 2014,received refusal letter march 2015 reasons being my partner didn't exercise treaty right for at least 2 years before his disability.so how do they expect him to work again if the Mann can't see properly anymore and the doctor certificate states clearly that he may be be a danger to himself and others,and my partner went on a training in order to learn how to walk with a stick.im so confused and helpless,i have the right to appeal please any ideas to help me build my case during the appeal.thanx to u all