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My name is [data withheld]. I am a Jordanian citizen. I was married to a girl from the United Kingdom in August 2015 ,But there have been problems between me and her And separated in November 2015.

In 2016 I have divorced from her legally in my country Jordan, I am now married to an Italian girl living in London, pregnant and I want to be beside her I need a EEA visa that give me the rights to work in UK for me my wife and my baby Can you please help me in this matter? Let me know asap please... thank you.

Answer

Thank you for your immigration enquiry. Reiss Edwards are experts in EEA regulations and prepare and submit very many for the Home Office to consider.

With regards to your question, simply put, you are potentially eligible to apply for an EEA Residence Card, but I need to ask for further facts from you. As I do not have these on file now, I will instead provide you with a breakdown of the relevant EEA regulations which the Home Office will apply until the regulations are no longer effective in the UK (after Brexit).

The European Regulations of 2016 state that you can make an application as a European family member for what is called a EEA Residence Card. Here is a link to a video that we have which is basic, but confirms the process briefly: https://www.youtube.com/watch?v=-39sDPY1Dk8 .

The processing times are in the region of 6 months as the Home Office are receiving a lot of applications currently. It may take less time, but I would suggest you wait for this period for a decision.

Significantly, we need to show that your wife is exercising treaty rights in the UK. This can be as a worker, self sufficient, or a student with private medical insurance. It can also be as "self sufficient" with comprehensive sickness insurance. As your wife has recently had a child, I would like to speak to you over the phone to see how she will satisfy the "exercise of treaty rights".

Regulation 18:

18.-(1) The Secretary of State must issue a residence card to a person who is not an EEA national and is the family member of a qualified person or of an EEA national with a right of permanent residence under regulation 15 on application and production of-

(a)a valid passport; and

(b)proof that the applicant is such a family member.

(2) The Secretary of State must issue a residence card to a person who is not an EEA national but who is a family member who has retained the right of residence on application and production of-

(a)a valid passport; and

(b)proof that the applicant is a family member who has retained the right of residence.

(3) On receipt of an application under paragraph (1) or (2) and the documents that are required to accompany the application the Secretary of State must immediately issue the applicant with a certificate of application for the residence card and the residence card must be issued no later than six months after the date on which the application and documents are received.

(4) The Secretary of State may issue a residence card to an extended family member not falling within regulation 7(3) who is not an EEA national on application if-

(a)the application is accompanied or joined by a valid passport;

(b)the relevant EEA national is a qualified person or an EEA national with a right of permanent residence under regulation 15; and

(c)in all the circumstances it appears to the Secretary of State appropriate to issue the residence card.

(5) Where the Secretary of State receives an application under paragraph (4) an extensive examination of the personal circumstances of the applicant must be undertaken by the Secretary of State and if the application is refused, the Secretary of State must give reasons justifying the refusal unless this is contrary to the interests of national security.

(6) A residence card issued under this regulation is valid for-

(a)five years from the date of issue; or

(b)in the case of a residence card issued to the family member or extended family member of a qualified person, the envisaged period of residence in the United Kingdom of the qualified person,

whichever is the shorter.

(7) A residence card-

(a)must be called "Residence card of a family member of an EEA national";

(b)is proof of the holder's right to reside on the date of issue;

(c)is no longer valid if the holder ceases to have a right to reside under these Regulations;

(d)is invalid if the holder never had a right to reside under these Regulations.

(8) This regulation is subject to regulations 24 and 25.

The information that I have given above is not as tailored to your facts as I would like, which is why a consultation over the phone is a good idea.

Your enquiry has been answered by Amar Ali of Reiss Edwards. He is an immigration solicitor and a Director at Reiss Edwards.

 

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