EEA2 divorce please help

kive · Post by **kive** » Fri Dec 28, 2007 2:37 pm

I am a non eea from africa married to an eu citizen irish for the last 4 years. I have never applied for a residency card and my Marriage has completley broken down. As a vindictive move my partner has now said she will never give me her passport despite knowing her for the last 6 years she has turned into a complete stranger. My question is as she has been exersising her treaty rights since 96 and i have been living with her for all this time, would i ever be able to apply for a residency card let alone anything. Any type of help and response will be welcome. I have now started the process to move out of our home and as you can imagine this is stressing the life out of me. I even gave her the marrige cert as she thought i would do some thing dodgy with it. have i just been a fool in doin so?

thanking you in advance

Wanderer · Post by **Wanderer** » Fri Dec 28, 2007 2:42 pm

I think ur ok, you've been married for over three years so I think ur PR is safe and u acquired it automatically.

Wait for others tho!

brownbonno · Post by **brownbonno** » Fri Dec 28, 2007 2:57 pm

Since you have never applied for any residency card and your marriage certificate is gone with her.How can you proof your marriage and also proof your residency in the UK.
Maybe any other traceable history(work,school,bills )etc.

kive · Post by **kive** » Fri Dec 28, 2007 3:07 pm

Thanks guyz for a rapid response. Would i be able to apply for PR if i re aquire my marriage cert... Assuming i do would having read other post seems the BIA require a divorce document for application???

Post by **JAJ** » Fri Dec 28, 2007 3:26 pm

Where did you get married? Can you obtain a replacement?

brownbonno · Post by **brownbonno** » Fri Dec 28, 2007 3:30 pm

kive wrote:Thanks guyz for a rapid response. Would i be able to apply for PR if i re aquire my marriage cert... Assuming i do would having read other post seems the BIA require a divorce document for application???

You should be able to prove your residency in the UK for a possible PR application.

kive · Post by **kive** » Fri Dec 28, 2007 4:40 pm

Got Married at a civil wedding in November 2003.. I have a copy of a letter she got from her employer dated december 2007, i was getting ready to apply for a RC as you can imagine. The other question i would have is because of the non RC application does this affect any of my rights??? thats if i have any

kive · Post by **kive** » Fri Dec 28, 2007 4:43 pm

i have all the bills we had together so can prove my residency ......

Post by **John** » Fri Dec 28, 2007 4:44 pm

Got Married at a civil wedding in November 2003

In which country?

kive · Post by **kive** » Fri Dec 28, 2007 5:11 pm

We got married in the uk

Post by **John** » Fri Dec 28, 2007 6:25 pm

It is very easy to obtain another copy of the marriage certificate. You can either go back to the Register Office where you got married, or alternatively you can obtain one online from www.gro.gov.uk .

kive · Post by **kive** » Fri Dec 28, 2007 6:37 pm

Am still slightly confused and sorry to ask the same question again (my head is all over the place as am worried that i have no legal rights)

Would i be able to apply for PR as stated by Wanderer?

Did i qualify for PR after 3 years automatically??

If i have the marriage cert can i apply for PR even without any of her documentation????

again thanks to all who have answered my plea

Kive

Mr Rusty · Post by **Mr Rusty** » Fri Dec 28, 2007 6:52 pm

If you never registered as an EEA dependant, what has been your immigration status all this time?

kive · Post by **kive** » Fri Dec 28, 2007 7:29 pm

i come into the uk as an asylum seeker. I have no idea what happend to my case... i can only assume like many it was declined.

thanks for your post

Wanderer · Post by **Wanderer** » Fri Dec 28, 2007 7:38 pm

kive wrote:i come into the uk as an asylum seeker. I have no idea what happend to my case... i can only assume like many it was declined.

thanks for your post

You should give us the whole story really...

kive · Post by **kive** » Fri Dec 28, 2007 8:13 pm

Come to the uk when i was 18 with parents as i had no idea of what political asylum was then (my parents were seeking refuge and i had to come with them) (they since have been declined and still fighting their cases in court) i was was informed by HO that i had to have my own case file set up (that was in 1996) i then got a works permit endorsed on my sal or IND form. to be honest i was never contacted by the HO and i in turn did not. I then met and married my wife in 2003 and have been working and pursuing different things in life until the bomb shell that she hit me with last week just before xmas about the split.....thats my life story in a nut shell

thanks for your posts

kive · Post by **kive** » Fri Dec 28, 2007 8:15 pm

i should also mention my country has had a change in goverment since and is no longer considered an asylum hot spot

Mr Rusty · Post by **Mr Rusty** » Sat Dec 29, 2007 10:00 am

You are the only person who knows whether your lack of information from the Home Office about your asylum case may be because you changed address without telling them.
If you are now going to break surface with an EEA application, it needs to be watertight, which will be difficult without your wife's cooperation. Others on this forum may feel qualified to advise you further, but I would say you need to instruct an immigration advisor with direct experience of similar cases.
I am surprised if there are reputable employers who are still accepting without enquiry SALs issued in the mid-90s as evidence of the right to take employment.

kive · Post by **kive** » Sat Dec 29, 2007 8:42 pm

thanks to all for your input i will try and seek more advice and will post my progress i feel this is easier as i can type and dont have to speak to any once directly and it has really helped. I am currently self employed so have had no need to produce my working papers yet.

Thankyou once again

Post by **John** » Sat Dec 29, 2007 9:43 pm

I am currently self employed so have had no need to produce my working papers yet.

Are HM Revenue & Customs aware of your business? You have been paying your taxes on time?

If the business has only just started, do be aware that it is a legal requirement to notify HMRC about the business within 3 months of the commencement date.

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EEA2 divorce please help

EEA2 divorce please help

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