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Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7033
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, Im presently married to an eea and I was issued 5yrs eea

Resolved Question:

Hi, I'm presently married to an eea and I was issued 5yrs eea permit which will expire In September 2014. My problem is that the relationship has broken down for over a year now, but I'm scared to start divorce proceedings because I know I won't be able to retain residency in the uk as my husband didnt exercise any treaty rights. What I want to know now is if it is possible for me to apply as a parent of a child settled in the UK because I got children that are British for another Man I'm presently dating and he's agreed to support me if need be... what are my chances and is it possible to just switch from being a family member of an eea to parent of a child in the uk. Will be glad if I can get an answer. Thanks. Olu.

Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.

Who will have residence of the chidren and who will have contact please?

Customer: replied 2 years ago.

I will. The children are actually living with me.

Expert:  Thomas replied 2 years ago.

But will the father have contact with the children and be an active part of their upbringing even if you are not in a relationship with him?

What nationality is the father?

Do you work?

Customer: replied 2 years ago.

Yes the father has contact and is active. He's British and yes I'm working.

Expert:  Thomas replied 2 years ago.

Thanks for your patience.

Assuming that you cannot apply for Retention of your Treaty Rights then you are going to have to apply on the basis of your rights in respect of the child.

In order to do this you will need the father of the child to assist with the application.

The requirements for this are contained here, at Immigration Rule 248A:-

You will have to instruct a solicitor to obtain a Residence order in yoru favour and a contact order in favour of the children’s father. In addition you will have to show that you can support and accomdoate yourself without the need to access public funds.

Applying under this ground is not easy but provided that the father is willing to participate, you get the orders from court and are able to show with documentary evidence that you will not need access to public funds then you will be able to get leave to remain on this basis.

Because of the complicated nature of the application and that if you do not succeed then your right to remain in the UK could be at risk you should really consider instructing a local solicitor to assist you both with the application for the Orders and then to prepare/draft your application and ensure that it is supported with the necessary supporting documentation

Good luck

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Kind regards,

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7033
Experience: BA (Hons), PgDip, Practising Solicitor
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