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A. Valcke
A. Valcke, Solicitor
Category: UK Immigration Law
Satisfied Customers: 731
Experience:  14+ years of experience // LL.B., Maîtrise en Droit, Masters in EU Law, Pg.Dip.L.P.
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Age 33 Claimed Asylum in UK. 2002 Asylum refused and Appeal

Customer Question

Age 33
Claimed Asylum in UK. 2002
Asylum refused and Appeal exhausted in 2005
Married to EU National on 10th January 2007.
Wife moved to Uk from Germany May 2007, Started job in June 2007
I applied for residence card on 27 July 2007, Wife granted residence card. Home office wanted more information about our marriage/Nikah as it took place in Pakistan in our absence.
Residence card refused Nove 2009 as home office requested for wifes proof excercising treaty rights.
Appealed against the decision and appeal was accepted in June 2010.
Residence card granted for 5 years by home office in March 2011.
We are now seperated and marriage seems to have broken I would like to know what options do i have to settle in U.K as wife is threatening to inform home office and get me deported to PAkistan.

Some points: we have 2 1/2 years old daughter (born in April 2009)
I have been working full time since August 2007, I have been supporting my family since our marriage.

What are my options
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Andrew replied 2 years ago.

Andrew :

If your marriage were to terminate, you could apply for a retained right of residence. Alternatively, you could apply for a right of residence derived from your daughter if she has German nationality. I would advise you to seek legal advice. There is also much information on the Home Office website:

Andrew :

http://www.ind.homeoffice.gov.uk/

Andrew :

Please click accept if this has been helpful

Andrew :

Another option would be to apply for discretionary leave on the basis of your article 8 ECHR family life

Expert:  Andrew replied 2 years ago.
Andrew : If your marriage were to terminate, you could apply for a retained right of residence. Alternatively, you could apply for a right of residence derived from your daughter if she has German nationality. I would advise you to seek legal advice. There is also much information on the Home Office website:Andrew :

http://www.ind.homeoffice.gov.uk/


Andrew :Please click accept if this has been helpfulAndrew :

Another option would be to apply for discretionary leave on the basis of your article 8 ECHR family life

 

Customer: replied 2 years ago.
Relist: Incomplete answer.
Expert:  A. Valcke replied 2 years ago.
Hello,


Do you still require an answer to your question?


I look forward to your answer.

Customer: replied 2 years ago.
Yes
Expert:  A. Valcke replied 2 years ago.
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Customer: replied 2 years ago.

I have documents / photocopies from her employment and copies of her passport. But she is not supportive in any way and and threatened that she may inform the home office that she is not supporting any of my application. Is it ok to send these docements without her consent for an EEA 4 application as Its been 5 years since she is here and has been working?

Just to mention that previous seperation (not legally) was for two month and we recently got back together in March but didnt work out.

Now seperated for 3 weeks.

 

 

Expert:  A. Valcke replied 2 years ago.
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Customer: replied 2 years ago.

My question is that, under current circumstances Can I apply for Permanent Residence (EEA4 application) without her supporting the application,as she has been here in U.K for 5 years excercising Treaty Rights and we are still legally married (although seperated but no legal seperation has taken place).

Also EEA 4 application requires original EEA passport (proof of ID) to be sent with the application. The home office has recently seen her original Passport and i have a letter from UKBA confirming return of her passport. This is proof that they have already seen the passport.

 

Thanks

Expert:  A. Valcke replied 2 years ago.
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Expert:  A. Valcke replied 2 years ago.
Hello,


I hope my answer was useful to you. I'd be grateful if you could click accept. Otherwise the monies you have already paid are retained by Just Answer and I will not be compensated for my time.


Thanks in advance.

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