Advice Please - European Spousal Visa

Hi - I am new to your site but would like some advice please... to cut a very long story short, I managed to marry my failed assylum seeker boyfriend in November 2005 after helping him for several years to try to win his assylum case.

In 2005 we had been together for 3 years and although everything was not perfect, we had a son together and had lived together for 2 years... After a hard time gaining a divorce from my exhusband and also fighting to be allowed the right to marry in Church etc we got married at the end of 2005

5 months after our marriage my husband was granted a european spousal visa (I am irish) and I thought we should be celebrating BUT then 10 days after it came through he left me/us...

I have been in a pretty bad way for the past 2 years, managing on my own with our toddler and my 2 sons from my previous marriage, trying to run a business and manage childcare etc. Money has been very tight and I have had very little help or maintenance from him... slowly the little savings I have had have dwindled away and soon I will have to sell our home.

I had hoped that eventually we would get back together, but after 2 years apart I have given up. His spousal visa clearly says that he must reside with me in order to stay in the UK - he has been in violation of this for 2 years and he has been working all this time... Strangely no matter what has happened I cannot hate him and I would like him in his sons life... can someone please tell me what will happen to him if:
1. I divorce him
2. Immigration are told

I have no wish for revenge - I just want it over and to move forward with my life

Duped wrote:I managed to marry my failed assylum seeker boyfriend in November 2005 after helping him for several years to try to win his assylum case.

...

can someone please tell me what will happen to him if:
1. I divorce him
2. Immigration are told

If the marriage lasted for at least 3 years (that is if you divorce after November), he can retain his right of residence. There is some leeway for interpretation, so it is important to make a good case. The period of separation looks very bad. Given that he left you just after getting a visa, it could be interpreted as a marriage of convenience (even though it is not, it does look like one). If he were to take an interest in his child that would certainly help.

Remember that a divorce in the UK can take a lot of time.

I have no wish for revenge - I just want it over and to move forward with my life

That is certainly a refreshing change from some of the other divorce questions on this board.

where was your ex-husband from? As a previous poster mentioned, according to the European Directive 2004/38/EC the marriage should have susbsisted for 3 years for him to be given permanent residency rights.

If it's any consolation, there have been other people on this forum who've been through the same situation as you...maybe you can help each other out coping with feelings of betrayal.

http://www.immigrationboards.com/viewto ... sc&start=0

Many thanks - he is from Cuba...

As I said the actual marriage lasted for 5 months only - I would have tried to work on it, but there were domestic violence issues (during my pregnancy - he said it was stress; & then after our wedding he become v aggressive) and I was frightened for my children. He was due to go to court and was told he would have had a prison sentence, but he agreed to go to anger management counselling so again I helped him... of course once the case was dropped, he decided he didnt want to get counselling

Admitting there is no hope has been a very difficult thing for me, especially as he persuaded me to have our son... My boy is my greatest joy from all this, but also my biggest regret...

Thank you for making things clearer for me - I think I know now how I wish to proceed. K

For anyone in my position- I just found some answers which may help others:
http://www.bia.homeoffice.gov.uk/policy ... les/part7/

Duped wrote:For anyone in my position- I just found some answers which may help others:
http://www.bia.homeoffice.gov.uk/policy ... les/part7/

That's the rule for cases which were sponsored under the U.K. Immigration Rules. The rules for EEA family members are different.

Ahhh - if you have a link to the correct information I would be very grateful. Whatever I do now will impact my sons life dramatically so I need to be totally clear. TIA

Duped wrote:Ahhh - if you have a link to the correct information I would be very grateful. Whatever I do now will impact my sons life dramatically so I need to be totally clear. TIA

The original law is the European Directive 2004/38, which is easy to find on the web. The transposition into UK law is called "Immigration Regulations 2006 (EEA)", and the relevant section is paragraph 10:

http://www.opsi.gov.uk/si/si2006/20061003.htm#10

There is the danger that the marriage is classified as a marriage of convenience. If that happens, he should appeal on the grounds that a) he is the father of your child, and b) a marriage does not require cohabitation to be valid.

Duped wrote: ... Strangely no matter what has happened I cannot hate him and I would like him in his sons life... can someone please tell me what will happen to him if:
1. I divorce him
2. Immigration are told

I have no wish for revenge - I just want it over and to move forward with my life

Big Time dependency issues. Move and stop getting involved in his issues.

I came onto this forum to ask for advice not to be judged - I suggest you keep your puedo-pyschology & opinion to yourself 'Doctor' SYH

For your information, I have seriously considered moving away... Unfortunately having been dumped by my husband after he obviously got what he came for, I am left to pick up the pieces and bring up a child who is half Cuban and is entitled to know his rich heritage & cultural background... !

Also there is the small fiscal issue - having spent most of my savings on having a baby, keeping my husband in the UK & on a wedding/honeymoon - What a silly dependant person I must have been to listen to my husband to be when he assured me that in future he wanted nothing better than to be part of a family, to work & help with childcare

I now find myself in the position of being a single mum of 3 unexpectedly 2 of my chldren attend secondary school... Having a young child and no family to help me, means I cannot work full time and afford nursery fee's. Not working fulltime means I do not qualify for a new mortgage and am struggling to pay my original one by working part-time... I am also at university (again) trying to plan for our future.

Due to domestic violence issues, believe me I am not dependant big or any time, and resent such a thoughtless remark from someone who obviously has no idea! I am guessing you do not have children and have not been duped and used to get a visa SYH... when you have, then do feel free to offer me advice - have a nice day!

PS - Many thanks thsths - this is most helpful