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CharlotteSJ
CharlotteSJ, Immigration Solicitor
Category: UK Immigration Law
Satisfied Customers: 78
Experience:  I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
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Hi My name is Cari Rojas I am a US citizen that married an

Resolved Question:

Hi My name isXXXXX am a US citizen that married an italian citizen back in 1995 wedded in Florence , Italy, and later got divorced in 2002 while residing legally in Spain with our 2 girls whom were also born in Italy ages 11 and 13.
Due to my divorce and the lack of proper knowledge of protocol, I asked my lawyer to advise me as to what would happen to me if I divorced and what time frames I had to renew my legal residency through my marriage with an EU citizen? he suggested to renew my resident ID before the expiration date printed. He was obviously wrong and had to restart the process, either way I am residing in Spain with my 2 children that carry dual citizenship we have lived here 10 years, my question is? Can I achieve permission to work and reside any where in Europe (UK) through my children as their mother? they were both born in Italy and their father is no longer with us, I have sole custody and my children have the right to go any where in the EU can I?
Submitted: 4 years ago.
Category: UK Immigration Law
Expert:  CharlotteSJ replied 4 years ago.

Under the UK immigration rules, you would have a right to reside in the UK if you satisfied the following requirements:

 

257C. The requirements to be met by a person seeking leave to enter or remain as the primary carer or relative of an EEA national self-sufficient child are that the applicant:

(i) is:

(a) the primary carer; or

(b) the parent; or

(c) the sibling,

of an EEA national under the age of 18 who has a right of residence in the United Kingdom under the 2006 EEA Regulations as a self-sufficient person; and

(ii) is living with the EEA national or is seeking entry to the United Kingdom in order to live with the EEA national; and

(iii) in the case of a sibling of the EEA national:

(a) is under the age of 18 or has current leave to enter or remain in this capacity; and

(b) is unmarried and is not a civil partner, has not formed an independent family unit and is not leading an independent life; and

(iv) can, and will, be maintained and accommodated without taking employment or having recourse to public funds; and

(v) if seeking leave to enter, holds a valid United Kingdom entry clearance for entry in this capacity.

 

You would therefore have permission to be in the UK caring for your children, but you would need to be self sufficient.

 

If you are thinking of residing in a different EEA state, it would be a good idea to check the exact regulations for that particular state.

 

Under the The Immigration (European Economic Area) Regulations 2006 (which are specific to the UK) it is possible to get retained residence in your own right following the termination of a marriage if you can show that your marriage lasted 3 years and for at least 1 year, you were resident in the UK.

 

(5) A person satisfies the conditions in this paragraph if-

    • (i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;

      (ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;

      (iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or

      (iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.

  • (a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;

    (b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;

    (c) he satisfies the condition in paragraph (6); and

    (d) either-

     

(6) The condition in this paragraph is that the person-

    (a) is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or

    (b) is the family member of a person who falls within paragraph (a).
    This is specific to the UK, however you may find that Spain or Italy have similar regulations and so it is worth contacting a specialist solicitor practicing in either Spanish or Italian law who can advise you in detail.
    I hope this answers your question in which case please Accept. If you require any further information, please ask.
CharlotteSJ, Immigration Solicitor
Satisfied Customers: 78
Experience: I have 6 years experience in Immigration law and I am accredited to LSC Level 2 and OISC Level 3.
CharlotteSJ and other UK Immigration Law Specialists are ready to help you

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