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Senior Partner
Senior Partner, Solicitor
Category: UK Immigration Law
Satisfied Customers: 13231
Experience:  Solicitor
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Hi, I got married to my ex husband who is a British National

Resolved Question:

Hi,

I got married to my ex husband who is a British National in 2005 in India, he lived in Germany at that time and I moved to Germany in January 2006. We lived in Germany till June 2007 and relocated to UK. I have held a stable job and so has my husbands. I was issued a non eea family member permit in October 2007 which expires in October 2012.
We had problems and seperated in November 2009 and got divorced in December 2010 after a rough year of legal battles. I am not in touch with my ex since I left our marital home in November 2009, except through solicitors.
I received a job offer which I have accepted to start on Jan 24, 2011 and am in my notice period. The future employer is questioning my rights to live. I know I have retained my rights to live. I have made an application requesting urgent issuance of a letter to confirm the same.
I have provided bills including 1 council and a few utility bills of the period we have lived together. I have also sent statements of our joint account and savings account. I have also included the tenancy agreement for our flat in addition to payslips for my current job and the contract with the future employer.
I have requested a speedy return of my passport as I am meant to be flying to India on 10 Feb 2010.
Has anyone had any experiences regarding such a case? I am eligible I am sure as I have lived here more than 2.5 years with my ex and we were married 5 years to the day we got divorced. The only problem is I have no access to information about him and have been unable to provide a statment of proof the EEA National is exercising treaty rights. This is impossible due to my bitter divorce He is a british citizen, should that cause me a problem?
All my papers including passport were hidden from me before I left the marital home. My passport was returned just when I was leaving. I received my docs including birth certificate etc as part of the consent order. Hence, me not having any proof of ex husband working. He is a british citizen and very much in his old job as I have heard from friends. I don't see how any ex will supply one with the docs to make it possible for the ex partner to stay in the country. We divorced on bitter terms and I don't have access to his personal information. I have sent the copy of his passport to the home office.

We don't have any children.
Please advise
1. Will I be successful in my application
2. Will I be obliged with a letter confirming my rights at the earliest in order for me to start my job
3. Will I be able to get my passport back in order for me to make a happy trip to India and back?
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Senior Partner replied 3 years ago.
thank you for your question . Can you please clarify the basis on which you are in the UK. you refer to the exercise of treaty rights but also to the fact that your husband is a "British national". If your husband is a British citizen then you should be here as his spouse under the immigration rules. The exercise of treaty rights applies to EEA citizens ( not British citizens) and is under EU law not the UK immigration rules. the difference is important so can you please clarify
Customer: replied 3 years ago.
Hi,

We lived in Germany before we moved to UK. My ex husband is a British National who was living in Germany at the time we got married.

I was given the non EEA Family member permit at that time which expires in October 2012.

Hope this helps

Expert:  Senior Partner replied 3 years ago.
Sorry this does not help n the slightest. A Family member permit is issued to the family member of an EEA resident ( excluding British Citizens) . This is not the basis on which the wife of a british citizen is admitted. The spouse of a British Citizen is given a spouse visa and admitted in the first instance for 27 months.

So which was it? Is your husband is a British Citizen? British national is a general categorisation and does not mean anything by itself. The only category which has the right of residence is British citizen. So does he have a British passport or did he come her on the back of residence in Germany?
Customer: replied 3 years ago.
Hi,

He has a British Passport.

I was given an entry clearance permit to enter the UK in 2007. This was valid for 6 months. I was asked to apply for a Non EEA Family permit which I was issued in October 2007 with a validity of 5 years and its validity ends in October 2012.

Hope this answers your question.
Expert:  Senior Partner replied 3 years ago.
No - What was your entry clearance for? who asked you to apply for a family permit? What leave were you given when you first entered the UK
Customer: replied 3 years ago.
Hi,

I applied for a Spouse visa in Dusseldorf and was given permission to enter the UK.

On arrival here, the Home Office advised to apply for the non- eea family member visa on the basis of the entry visa I had.

I was issued the visa, so clearly someone didnt realise that they had to issue me somethng else. Is this taken as my fault?
Expert:  Senior Partner replied 3 years ago.
I am at a loss to understand what is gong on here. so far as I can recall the rules were the same in 2007. If your husband is a British Citizen and has the right of abode here then with a spouse visa you should have been given 2 years leave to remain and been able to apply for indefinite leave to remain thereafter, If you do not have ULR and the marriage has broken down then you are not eligible to apply for leave on that basis and may be required to leave unless you can satisfy the UKBA that you are entitled to stay on some other basis. If on the other hand you are here as a family member of a an EEA citizen (which does not include British Citizens for this purpose) then you are not here on a basis subject to the immigration rules and they have a discretion to permit you to remain.

If you have a stamp in your passport that gives you leave until october 2012 and you are not subject to a restriction on working then for the time being all you have to do is produce that to your employer. your right to remain and work continues unless and until it expires or is revoked.

Customer: replied 3 years ago.
Hi,

Thanks. I don't see why I should be penalised for Home office issuing me a wrong permit when I entered the UK. It wa supto the Home Office in 2007 to issue me the right visa. I applied as per instructions from the embassy in Dusseldorf and the UKBA contact center.

I have permission to remain till 2012 and work , and I have written to the Home Office to confirm the same as the new employer fails to understand and accept what I have on my passport.

I feel I have opened a can of worms here and this has made me more worried and more questions to answer.
Expert:  Senior Partner replied 3 years ago.
I cannot imagine that they have issued the wrong permit. In order to get any sort of leave based upon your marriage you must have had to produce your husband details which I assume you did. So they must know if they have granted leave based upon British Citizenship or EU residence. If you have permission to live and work that is fine. You are better off with an EU/EEA residence than one based upon the immigration rules anyway if that is the case.
Customer: replied 3 years ago.

Hi,

 

This still does not answer my question in the first place. My future employer is unwilling to accept my work permit. My start date has been pushed to 3 weeks later hoping that the Home Office will send some sort of confirmation or a certificate of application on the basis of me having lived in UK with my husband more than 12 months (2.5 yrs) and having been married more than 5 years.

Is there anything I can go back to my future employer with and ask them to consider in order to let me start as we are still waiting for a reply.

Considering that I have supplied proof of 12 months and more together in order of statements,tenancy agreements and proof of the marriage having lasted more than 3 years. I have provided them mny payslips and my new contract as well.

 

Expert:  Senior Partner replied 3 years ago.
I think you asked 3 questions in the first place but I cannot tell you how long the Border agency will take to deal with your request and I doubt if they will do anything other than confirm your existing status unless you have actually asked for an extension of filed some other application. I am at a loss to understand why your employer is raising the issue if you had a passport with leave to remain and were not subject to a restriction on working that is all the employer needs to know to protect themselves from employing someone unlawfully . I would suggest you might get your passport back and go and see an immigration specialist and clarify exactly what your status is and what if any application you need to make in october

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Senior Partner, Solicitor
Satisfied Customers: 13231
Experience: Solicitor
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