EEA Family Member - Divorce and Right of Residence

pilot14 · Post by **pilot14** » Fri Sep 04, 2015 1:58 pm

Hubbitten wrote:hi sorry this is not reply but a question arising from this situation in which i m also in , what if EEA national leaves UK before this period or decree of divorce.???????

pilot14 · Post by **pilot14** » Fri Sep 04, 2015 2:02 pm

Hubbitten wrote:hi sorry this is not reply but a question arising from this situation in which i m also in , what if EEA national leaves UK before this period or decree of divorce.???????

I found this post and its 2010
But now is 2015 and I am in the same situation
How did you do on your application?

Post by **Obie** » Fri Sep 04, 2015 4:53 pm

pilot14 wrote:
Hubbitten wrote:hi sorry this is not reply but a question arising from this situation in which i m also in , what if EEA national leaves UK before this period or decree of divorce.???????
I found this post and its 2010
But now is 2015 and I am in the same situation
How did you do on your application?

If that is your situation, then you are in Big trouble, unless you have secured the Right of Permanent Residence before your wife left.

pilot14 · Post by **pilot14** » Wed Sep 23, 2015 1:19 pm

Hello ALL HELP PLEASE HELP
My situation is critical ... Need advise urgent as n a deep problem
I am from Uzbekistan was happily married Slovakian girl
I have EEA NATION RESIDENCE CARD WHICH WAS FOR 5 years and due to expire soon
Everything was fine until we decide have a baby
My wife become pregnant , as I was study we decide she go to Slovakia and give birth there
After givng birth she suffered from Post birth depration and started divorce
She started divorce after 2 years 9 month we been married
I was visiting my baby when she got out of birth house also after 1 year birth of baby
My visa due to expire in 2 mouth and I am still working and study
I ve seen Lawer but they say chances low because my wife hide the fact that I am a father and didn't put me on birth certificate and also marriage didn't last 3 years
I been constantly working and study during 5 years
What do I do because I still need to complete one module of my study
And get right to see you child

pilot14 · Post by **pilot14** » Thu Sep 24, 2015 12:39 pm

hello ALL
I have critical situation HPRE ANY ONE HAD SAME AND GOT IT FIXED
I NON EU HAVE BEEN MARRIED FOR 2YEARS 9 MONTH SLOVAKIAN GIRL
AFTER 1 YEAR MARRIGE WE DECEDE TO HAVE A BABY ,SO SHE GOT PREGNANT AFTER 1,5 YERS I WAS WORKING AND STUDY AND WAS HARD SO WE DECIDE SHE GIVE BIRTH IN SLOVAKIA AND I LET HER GO
BABY WAS BORN IN SLOVAKIA I WENT TO SUPPORT HER FOR A WEEK AFTER GOT BACK TO UK WORK AND STUDY
TIME I WAS IN SLOVAKIA MY WIFE DIDNT TELL SHE DIDNT PUT ME AS A FATHER (SHE PLANED IT AND I DIDNT KNOW)
AFTER ALL I WENT TO SUPPORT AND C KID 1 YEAR BIRTH
2,9 MOUTH SHE CONTACTED LAWER AND STARTED DIVORCE PROSESS
MY VIZA DUE TO EXPIRE IN TWO MONTH
LAWER SAY NO CHANCE EVEN THO I PAYED 410£ AN HOUR SAYUING MARRIGE AGAIN WILL SAFE
I STILL HAVE ONE MODULE TO STUDY AND DONT KNOW WHAT TO DO
WIFE NOT HELPING AND BEEN REALLY NUSTY
CAN ANYONE HELP ?
THANKS

Post by **noajthan** » Thu Sep 24, 2015 12:51 pm

pilot14 wrote:hello ALL
I have critical situation HPRE ANY ONE HAD SAME AND GOT IT FIXED
...
CAN ANYONE HELP ?
THANKS

What is your immigration status/ what 'viza' do you have?
- do you mean you have a RC as dependent family member of EEA national - or something else?

How was ex-wife exercising treaty rights (in UK)? and over what time period?
How long have you/had you been married (to EEA national)?
How long have you been in UK as spouse of EEA national?
Where was wife & what was she doing during the period of the divorce?
Where is (ex)wife & child now?

pilot14 · Post by **pilot14** » Wed Sep 30, 2015 1:06 pm

pilot14 wrote:
hello
Immigration status
EEA RESIDENTS CARD EXPIRE IN TWO MONTH VISA WAS VALID FOR 5years
WIFE WAS EXERCISING TREATY RIGHTS TILL GOT PREGNANT AFTER HAD A MATERNITY CERTIFICATE
AFTER WE DECIDED WIFE. GIVE BIRTH IN SLOVAKIA
SO BABY BORN BUT WIFE DIDNT PUT ME ON BIRTH CERTIFICATE
BEEN MARRIED FOR 2year 10 mouth
During divorce wife was in Slovakia and still in there since baby born
I was visiting on day of getting off hospital and on one year birthday
THEY BOTH IN SLOVAKIA AND I DONNT SEE BABY SINCE 2 years as I am not legal to travel
During all 5 years I have been working and VIZA due to expire
I see n two different lawyers both say 50/50
WHAT TO DO
I AM COMMERCIAL PILOT WITH ONE MODULE MISSING AND CANT FINISH UNLESS GET FURTHER VIZA
GOING HOME NOT OPTION COS 100 -% will refuse in embassy

What is your immigration status/ what 'viza' do you have?
- do you mean you have a RC as dependent family member of EEA national - or something else?

How was ex-wife exercising treaty rights (in UK)? and over what time period?
How long have you/had you been married (to EEA national)?
How long have you been in UK as spouse of EEA national?
Where was wife & what was she doing during the period of the divorce?
Where is (ex)wife & child now?

pilot14 · Post by **pilot14** » Wed Sep 30, 2015 2:03 pm

Immigration status
EEA RESIDENTS CARD EXPIRE IN TWO MONTH VISA WAS VALID FOR 5years
WIFE WAS EXERCISING TREATY RIGHTS TILL GOT PREGNANT AFTER HAD A MATERNITY CERTIFICATE
AFTER WE DECIDED WIFE. GIVE BIRTH IN SLOVAKIA
SO BABY BORN BUT WIFE DIDNT PUT ME ON BIRTH CERTIFICATE
BEEN MARRIED FOR 2year 10 mouth
During divorce wife was in Slovakia and still in there since baby born
I was visiting on day of getting off hospital and on one year birthday
THEY BOTH IN SLOVAKIA AND I DONNT SEE BABY SINCE 2 years as I am not legal to travel
During all 5 years I have been working and VIZA due to expire
I see n two different lawyers both say 50/50
WHAT TO DO
I AM COMMERCIAL PILOT WITH ONE MODULE MISSING AND CANT FINISH UNLESS GET FURTHER VIZA
GOING HOME NOT OPTION COS 100 -% will refuse in embassy

pilot14 · Post by **pilot14** » Wed Sep 30, 2015 2:09 pm

W[
MATE IF YOU NOW HER ADRESS AND NI NUMBER YOU CAN CALL H M REVENUE PRETEND YOU ARE HER
AND ORDER STATMENT OF HER TAX PAYED EVEN YOU CAN CAN CHANGE ADRESS SO LATTER COME TO ADREES U NEED

quote="nav143"]hi there, i'm wondering if anyone can help me out on my situation. My case lines at below
1. Living in UK since 2001
2. Got married to EEA National in June 2009
3. Got RC valid until Sept 2014
4. Applied PR but refused in Dec 2014
5. I have a child from this relationship who is 7 yrs old but child is living with my family out of UK from last 4 yrs . Child born here but got EEA PASSPORT.
6. Reason for refusal was my wife was not working in that 5 yrs time.
Now the point is, in 2013 I applied for Divorce & I got Decree Nici. But again we tried to save our marriage unfortunately it didnt worked out, we got separated, so in June I applied for Decree Absolute & granted in Aug 2015. I find out that when she left me she start working part time some where. But she refused to give me any document to prove her employment. I was working part time & we were getting house benefit. But last year in Aug 2014, we stopped benefit bcoz i start working as self employed. My partner had alcohal problem thats why she was not able to work, actualy this was the reason to send my child from UK to live with my family abroad. Bcoz on one stage child was subject to put on child protection regester but i took my own responsebilty & took my chid abroad with our mutual aggrement. Since then I'm sending money continuesly for upbring for my child. Now question is, will I get PR !![/quote]

Post by **noajthan** » Wed Sep 30, 2015 5:21 pm

pilot14 wrote:Immigration status
EEA RESIDENTS CARD EXPIRE IN TWO MONTH VISA WAS VALID FOR 5years
WIFE WAS EXERCISING TREATY RIGHTS TILL GOT PREGNANT AFTER HAD A MATERNITY CERTIFICATE
AFTER WE DECIDED WIFE. GIVE BIRTH IN SLOVAKIA
SO BABY BORN BUT WIFE DIDNT PUT ME ON BIRTH CERTIFICATE
BEEN MARRIED FOR 2year 10 mouth
During divorce wife was in Slovakia and still in there since baby born
I was visiting on day of getting off hospital and on one year birthday
THEY BOTH IN SLOVAKIA AND I DONNT SEE BABY SINCE 2 years as I am not legal to travel
During all 5 years I have been working and VIZA due to expire
I see n two different lawyers both say 50/50
WHAT TO DO
I AM COMMERCIAL PILOT WITH ONE MODULE MISSING AND CANT FINISH UNLESS GET FURTHER VIZA
GOING HOME NOT OPTION COS 100 -% will refuse in embassy

Note a RC is not a 'visa'.

As dependent of EEA national who has divorced you need to apply for a retained right of residence to remain in UK.

Unclear from your case & dates whether you quaify.

See https://www.gov.uk/family-permit/retain ... -residence

Additional requirements if you or your family member divorced the EEA national or ended a civil partnership with them

You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or civil partnership was ended and one of the following applies:

the marriage or civil partnership lasted at least 3 years before legal proceedings began and the couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised

Post by **Obie** » Wed Sep 30, 2015 5:36 pm

pilot14 wrote:Immigration status
EEA RESIDENTS CARD EXPIRE IN TWO MONTH VISA WAS VALID FOR 5years
WIFE WAS EXERCISING TREATY RIGHTS TILL GOT PREGNANT AFTER HAD A MATERNITY CERTIFICATE
AFTER WE DECIDED WIFE. GIVE BIRTH IN SLOVAKIA
SO BABY BORN BUT WIFE DIDNT PUT ME ON BIRTH CERTIFICATE
BEEN MARRIED FOR 2year 10 mouth
During divorce wife was in Slovakia and still in there since baby born
I was visiting on day of getting off hospital and on one year birthday
THEY BOTH IN SLOVAKIA AND I DONNT SEE BABY SINCE 2 years as I am not legal to travel
During all 5 years I have been working and VIZA due to expire
I see n two different lawyers both say 50/50
WHAT TO DO
I AM COMMERCIAL PILOT WITH ONE MODULE MISSING AND CANT FINISH UNLESS GET FURTHER VIZA
GOING HOME NOT OPTION COS 100 -% will refuse in embassy

Why is this lady seeking to ruin you life in this way?

Firstly put another guys name on your child's birth certificate.

then do the divorce aware from you.

You can make a counter divorce, as the other one may well not be legal.

pilot14 · Post by **pilot14** » Thu Oct 01, 2015 12:09 pm

THANKS FOR REPLY
YES RESIDENT CARD IT WAS FOR 5 YEARS AND DUE TO EXPIRE
DATES JUNE 23 2010 MARRIED
SEPTEMBER 2012 WIFE GONE HOME TO SLOVAKIA TO GIVE BIRTH
MARCH 2012 BABY BORN BUT IN CERTIFICATE WIFE DIDNT OUT ME AS FATHER (HIDE FROM ME )
APRIL 2013 SHE STARTED DIVORCE FROM SLOVAKIA I GOT FIRST LATTER FROM TRIBUNAL SO ITS 2YEARS 10 MOUTH
AS I HAD LAWER HE SAD ITS GOING TO COST MONEY TO RESPOND TO DIVORCE AND I WAS JUST OGNORING AND DRAGING TIME UNTILL AUTOMATICALLY DIVORCED
AS I WAS STUDY AND DIDNT HAVE MONEY
I VISITED BABY TWICE WITHOUT KNOWING I WASNT ON BIRTH CERTIFICATE
ON SECOND JOURNEY WAS STOPED IN COSTOMES AND QUESTIOND
ANY HOPE TO GET

noajthan wrote:
pilot14 wrote:Immigration status
EEA RESIDENTS CARD EXPIRE IN TWO MONTH VISA WAS VALID FOR 5years
WIFE WAS EXERCISING TREATY RIGHTS TILL GOT PREGNANT AFTER HAD A MATERNITY CERTIFICATE
AFTER WE DECIDED WIFE. GIVE BIRTH IN SLOVAKIA
SO BABY BORN BUT WIFE DIDNT PUT ME ON BIRTH CERTIFICATE
BEEN MARRIED FOR 2year 10 mouth
During divorce wife was in Slovakia and still in there since baby born
I was visiting on day of getting off hospital and on one year birthday
THEY BOTH IN SLOVAKIA AND I DONNT SEE BABY SINCE 2 years as I am not legal to travel
During all 5 years I have been working and VIZA due to expire
I see n two different lawyers both say 50/50
WHAT TO DO
I AM COMMERCIAL PILOT WITH ONE MODULE MISSING AND CANT FINISH UNLESS GET FURTHER VIZA
GOING HOME NOT OPTION COS 100 -% will refuse in embassy
Note a RC is not a 'visa'.

As dependent of EEA national who has divorced you need to apply for a retained right of residence to remain in UK.

Unclear from your case & dates whether you quaify.

See https://www.gov.uk/family-permit/retain ... -residence

Additional requirements if you or your family member divorced the EEA national or ended a civil partnership with them

You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or civil partnership was ended and one of the following applies:

the marriage or civil partnership lasted at least 3 years before legal proceedings began and the couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised

Post by **Obie** » Thu Oct 01, 2015 12:14 pm

So the divorce has been finalised?

pilot14 · Post by **pilot14** » Thu Oct 01, 2015 12:27 pm

THANKS FOR REPLY
YES RESIDENT CARD IT WAS FOR 5 YEARS AND DUE TO EXPIRE
DATES JUNE 23 2010 MARRIED
SEPTEMBER 2012 WIFE GONE HOME TO SLOVAKIA TO GIVE BIRTH
MARCH 2012 BABY BORN BUT IN CERTIFICATE WIFE DIDNT OUT ME AS FATHER (HIDE FROM ME )
APRIL 2013 SHE STARTED DIVORCE FROM SLOVAKIA I GOT FIRST LATTER FROM TRIBUNAL SO ITS 2YEARS 10 MOUTH
AS I HAD LAWER HE SAD ITS GOING TO COST MONEY TO RESPOND TO DIVORCE AND I WAS JUST OGNORING AND DRAGING TIME UNTILL AUTOMATICALLY DIVORCED
AS I WAS STUDY AND DIDNT HAVE MONEY
I VISITED BABY TWICE WITHOUT KNOWING I WASNT ON BIRTH CERTIFICATE
ON SECOND JOURNEY WAS STOPED IN COSTOMES AND QUESTIOND
ANY HOPE TO GET

Post by **Obie** » Thu Oct 01, 2015 12:29 pm

Well that does not answer the question

TaiTu · Post by **TaiTu** » Thu Oct 01, 2015 12:59 pm

Hi there,Please advise me if you know what should I do.My EEA2 5years just expired but my husband want to divorce and not willing to help me with all the paperwork... Is any changes I can apply PR on my own ?Thanks.

pilot14 · Post by **pilot14** » Thu Oct 01, 2015 2:27 pm

[wqquote="Obie"]So the divorce has been finalised?[/quote]

Yes been FINILISED 10 October 2013
It covers 3 years
But she started divorce 2,years 10 mouth after
She suffered from after birth depression and tinned in too crazy woman under influence of her mum

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