getting divorce can i stay in UK?

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getting divorce can i stay in UK?

Postby hphpas » Sat Sep 04, 2010 11:21 am

I'm getting divorce please advice if i can stay in the UK on my own rights.

* I married to a EU national in UK, 14 July 2004 in London

* I came to UK with entry clearance (Visa EEA Family Permit to join Spouse) on the 7th July 2005) which was valid for one year then we had to renew

* was granted (A right of residency in the UK as a family member of EEA national (my wife) who is resident in UK in exercise of a treaty right is herby given until 30 Jun 2008

Just before the visa about to expire on the 30 June 2008, my wife sent off my application to the Home Office in order to renew my residency status. My application was refused due to miscommunication, this happened during the time of postal strike. Basically the Home Office had apparently sent us a letter requesting some documents with new date, as we never received such letter, the application was refused. We went through an appeal process via the tribunal services, and the immigration judge understood our case and as a result we won the appeal. The case was now sent back to the Home Office to deal with our application. The home office first lost my passport and after some appeals it was luckily found and I was granted 5 years residency documentation it is valid from 28 June 2010 until 28 June 2015. It is printed in my passport with my picture and its states that it’s a type of document Residency Card of Family member of an EEA national. Where employment and Business activities are allowed.

So i have been in the UK more than 5 years on married status. things not going right with both of us if we get divorce do i have to go back to my country or i have rights to stay here?

Many thanks
hphpas
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Postby vinny » Sat Sep 04, 2010 11:38 am

I think you may now apply for a confirmation of your Permanent right of residence.
Please click on any given links for further information.

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Urgently do I qualify as selfsufficient ?

Postby hphpas » Fri Sep 10, 2010 9:13 am

I have not been working or studying continuesly for five years, most importantly I haven't had a comprehensive sickness insurance. I have been a student the past 1,5 years, no insurance. Do I have any chance? Is there another wayout?
hphpas
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Postby vinny » Fri Sep 10, 2010 10:48 pm

As you haven't gotten a divorce yet, you may be okay if your wife, the EEA national, is still a qualified person.
Please click on any given links for further information.

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Urgently important

Postby hphpas » Mon Sep 13, 2010 6:41 am

But my wife wants to leave Uk and get divorce, what happens then? Once she leaves she isn't a qualified person, can I stay here in uk on my own rights? Without her,?
hphpas
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Postby bobobo » Mon Sep 13, 2010 7:53 am

hphpas, If your wife is in the UK, exercising treaty rights when the Decree Absolute is issued and you can prove that she was exrcising treaty rights here from divorce initiation until the decree absolute then you may qualify for retaining your rights. The reason I say "may" is becuase you would need to prove a few more things. I suggest you go through the posts on this website, there are plenty that deal with this issue.

If your wife however leaves before the decree absolute is grnated then you maybe in a tight spot.
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Postby vinny » Mon Sep 13, 2010 10:16 am

Why don't you apply for confirmation of PR now, before your divorce and before your wife ceases to be a qualified person?
Please click on any given links for further information.

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URGENTLY REPLY READ ME PLEASE

Postby hphpas » Mon Sep 13, 2010 11:55 am

my wife doesnt have a permanent residency card, She want to leave the UK and get divorce in her own EU country. Can I stay here own my own when I do not have a comprehensive sickness insurance nor have I been working or studying continuesly for 5 years. what will happen to me will I be deported back to my own contry ? Or do I have any rights to stay own my own??? Please help me urgently many thanks
hphpas
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Postby bobobo » Mon Sep 13, 2010 1:08 pm

if your wife leaves UK without divorcing you and continues the proceedings in any other EU conunty then I am afraid you will not be able to prove that she has been residing treaty rights from divorce initiation to decree absolute, which is what is needed to retain rights of residence.

Even if you try to apply for PR confirmation before divorcing your wife, it might not work as you would need to provide your wifes passport and other documents that proof she was exercising treaty rights. It doesnt matter what you have done as long as you can prove that your wife has been exercising treaty rights.

Having said that since you have been already married for 5 years you have acquired PR, however proving this to the HO would be an issue and they would want to see your wife's passport and other docs.

Senior members please correct me if I am wrong.
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URGENT senior member reply please

Postby hphp » Mon Sep 13, 2010 5:00 pm

My wife doesnt have a PERMANENT residency in UK. She doesnt have a comprehensive sickness insurance. She have been studying most of the time. So she wouldnt qualify for as a selfsufficient person. am I right? If she doesnt have permanent residency can I stay here on my own rights? As she wants to leave UK and get divorce.
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Postby Guerro » Mon Sep 13, 2010 7:07 pm

bobobo wrote:hphpas, If your wife is in the UK, exercising treaty rights when the Decree Absolute is issued and you can prove that she was exrcising treaty rights here from divorce initiation until the decree absolute then you may qualify for retaining your rights. The reason I say "may" is becuase you would need to prove a few more things. I suggest you go through the posts on this website, there are plenty that deal with this issue.

If your wife however leaves before the decree absolute is grnated then you maybe in a tight spot.

What if you satisfy all conditions but you can't provide evidence of your wife exercising treaty rights from initiation of divorce up to the time of decree absolute due to her uncooperation? Will you be refused?
Eea's cooperation at that stage will be almost impossible and non eea will be in a legal vaccum
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Postby Mary1 » Mon Sep 13, 2010 8:30 pm

My wife doesnt have a PERMANENT residency in UK. She doesnt have a comprehensive sickness insurance. I think insurance is a must if applying as the ex spouse of someone who is considered self sufficient.

She have been studying most of the time. So she wouldnt qualify for as a selfsufficient person. am I right? Not sure myself but if she is not a burden to the state (benefits etc) then I think she qualifys

If she doesnt have permanent residency can I stay here on my own rights?
[/b]yes as long as she is a qualified person as deemed by EEA regulations at the point the divorce is granted....


As she wants to leave UK and get divorce. If she leaves permanently or otherwise and initiates divorce proceedings in a different country then she ceases to be a person exercising treaty rights, that would mean you cannot apply in any capacity under EEA
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Postby bobobo » Tue Sep 14, 2010 7:53 am

Guerro unfortunately this is true, for retention of rights you would need to prove that the ex was exercising treaty rights in the UK from the initiation to the time Decree Absolute was granted. If you cant do that then you will fail to retain rights of residence. If the EEA national leaves UK and starts divorce proceedings in a member state, retaining rights would be out of question as since the EEA national has left UK, they are not exercising treaty rights anymore. Harsh but true.


Guerro wrote:
bobobo wrote:hphpas, If your wife is in the UK, exercising treaty rights when the Decree Absolute is issued and you can prove that she was exrcising treaty rights here from divorce initiation until the decree absolute then you may qualify for retaining your rights. The reason I say "may" is becuase you would need to prove a few more things. I suggest you go through the posts on this website, there are plenty that deal with this issue.

If your wife however leaves before the decree absolute is grnated then you maybe in a tight spot.

What if you satisfy all conditions but you can't provide evidence of your wife exercising treaty rights from initiation of divorce up to the time of decree absolute due to her uncooperation? Will you be refused?
Eea's cooperation at that stage will be almost impossible and non eea will be in a legal vaccum
bobobo
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Postby Guerro » Tue Sep 14, 2010 8:23 pm

Thanks bobobo for your reply, i replied to you in another thread regarding the same issues which is retention of rights of residence. Sorry if i spelt your name incorrectly.
What if you can't provide evidence of eea family member exercising treaty rights till the time of divorce but you have details of the eea's work place or just photocopies of payslips, will an affidavit suffice in that case or still you have to provide original documents proving eea was qualified till the time of divorce?
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Postby bobobo » Wed Sep 15, 2010 8:25 am

Generally from my experience if a non eea national cannot provide details of ex spouse exercising treaty rights at the time of the divorce, the application might be refused. The HO are not specific on what to provide but anything like payslips, employment contracts, letter from employer any such ORIGINAL document would suffice. HO are known never to acceopt photocopies as these can be easily fabricated (thats what HO believe). If I am honest I dont have a clue if the affidavit would suffice, so I will not comment on that. But maybe if you call HO and ask them they should tell you if this would work, maybe a few solid Immigration solicitors could pitch in and fight the battle for you.....

Guerro wrote:Thanks bobobo for your reply, i replied to you in another thread regarding the same issues which is retention of rights of residence. Sorry if i spelt your name incorrectly.
What if you can't provide evidence of eea family member exercising treaty rights till the time of divorce but you have details of the eea's work place or just photocopies of payslips, will an affidavit suffice in that case or still you have to provide original documents proving eea was qualified till the time of divorce?
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Postby Guerro » Wed Sep 15, 2010 3:45 pm

The HO is strange anyway as it is easier to fabricate a letter confirming employment than fabricating a photocopy of p60 or payslip. They should check via the eea's national insurance number by contacting hmrc under freedom of information act.
They just want to make it difficult
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