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help me i need to act fast (should i report for home office)

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

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polandtrade
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help me i need to act fast (should i report for home office)

Post by polandtrade » Wed Oct 03, 2012 11:47 pm

Plz help me i need to act fast im non eea family member i been
Separeted from my wife (not legal separet) just she moved to another house
From the begining of 2012 with my son
I didnt report for home office about our separation i been hope to return together
But now its seems that our married its finish for sur and we ogiong for
Divorce in the beginig of 2013
So now the qustion should i
Report for home office our separation
-2- can home office refused ror in based that we dont report our separation
Plz if you know tell me fast

Jambo
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Post by Jambo » Thu Oct 04, 2012 6:33 am

There is no legal requirement to report separation to the HO. There is also no legal requirement to report a divorce to the HO.

polandtrade
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Post by polandtrade » Thu Oct 04, 2012 8:47 am

Are y sure ?
Coz as i remamber in the application they said if there change
In the cercemstansis to reported ? ...

Jambo
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Post by Jambo » Thu Oct 04, 2012 8:56 am

The form just state that if there is a significant change before a decision is made to let them know.

As I said - no need to inform the HO.

polandtrade
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Post by polandtrade » Thu Oct 04, 2012 9:00 am

Thanks alot

Obie
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Post by Obie » Thu Oct 04, 2012 3:17 pm

Change of circumstance could mean, her leaving the UK to reside abroad, or you getting divorced. No need to report seperation as it has not effect on your continued right to reside in the UK.

If the marriage is broken irretrieveably then you may consider next steps, which you will have to inform HO about.
Judge not, and you will not be judged.

polandtrade
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Post by polandtrade » Sat Oct 13, 2012 11:50 pm

What do you mean (marriage is broken irretrieveably) becouse me
I dont know the low.
My wife she is diferent house with my son .
We are going for divorced in 1-1-2013
Is this mean my marriage is broken irretrievebly) and i should report for home office

mcovet
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Post by mcovet » Sun Oct 14, 2012 12:00 am

what he means is nothing! ignore his advice, it's confusing. There is simply one ground for divorce where the relationship has broken down irretrievably due to, for instance, unreasonable behaviour.

Again, ignore Obie's advice as it's confusing you. Once you divorce or start the proceedings in 2013, come back for more advice. Until then, simple separation does not require any reporting or any action on your part or anyone else. RELAX!!!

Obie
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Post by Obie » Sun Oct 14, 2012 12:19 am

Well as far as i am concerned i cant see anything confusing with my post.

I correctly adviced OP in accordance with community law.

It is not my place or anyone else for that matter to advice OP to divorce his wife. It is a decision for him and only him to make.

I was simply stating the fact that, if he went down that route, he may need to inform HO.

You are free to hold whatever opinion you choose, i have no problem with it, so long as it is done in a courteous manner.

It is one thing to state that a post contain legal gargon, which you will be commended for assisting OP to break. It is totally another to say someones post is confusing and should be ignored. That may be considered a pretty strong statement.

I suggest you think long and hard about the contents of your post. Being a member of this forum is a priviledge which we should not abuse.
Judge not, and you will not be judged.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Oct 14, 2012 1:01 pm

mcovet wrote:what he means is nothing! ignore his advice, it's confusing. There is simply one ground for divorce where the relationship has broken down irretrievably due to, for instance, unreasonable behaviour.

Again, ignore Obie's advice as it's confusing you. Once you divorce or start the proceedings in 2013, come back for more advice. Until then, simple separation does not require any reporting or any action on your part or anyone else. RELAX!!!
The problem is, mcovet, that you are repeatedly so rude. And you do not write very clearly, so it is sometimes hard to figure out what you are being rude about.

mcovet
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Post by mcovet » Sun Oct 14, 2012 1:19 pm

"repeatedly"... r u serious?! out of nearly 500 posts, repeatedly would mean every other post... easy to suck up to a moderator i guess (or am i "rude" again...clearly u have not seen/heard rude before), dont even think ur opinion was helpful here.

Anyway, if i see that advice is nonsense, i will express my opinion even if some people cannot take the criticism of their advice! i still regard obie's quote slightly marasmatic and if i get banned for expressing my view, so be it!

mcovet
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Post by mcovet » Sun Oct 14, 2012 1:24 pm

He shoild have said, if u divorce u should inform. instead, in the first part he says that no need to inform separation, yet, without mentioning divorce, brings in a new term "irretrievable breakdown" which could.include.anything from separation withoit.divorce to a desertion.etc and then says that OP shoild inform HO.if such breakdown occurs?!

i got confused and OP made it clear he also.got.confused. So, should he or should he not inform the HO? What is that new phrase etc?! Is it smth between a.divorce and separation?

U.get the point and i dont think anyone is.in the position.to.see it.otherwise. Unless u.cant take.criticism of your advice that is.

polandtrade
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Post by polandtrade » Sun Oct 14, 2012 3:40 pm

Sorry to couse this problem i didnt mean its and me i dont understand the low
So that why i had to ask what this mean ( marriage is broken irretrieveably)
Couse what i know im not divorced yet im separated . And my qustian was
Should i reported or not .coz i know when i got divorced i should report but i dont know
About separted that all ...
Any way thank you all now its clear from what i understood i dont have to reported
Im right ?
Sorry for all problem i couse

spike_UK
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Post by spike_UK » Sun Oct 14, 2012 3:45 pm

polandtrade wrote:Sorry to couse this problem i didnt mean its and me i dont understand the low
So that why i had to ask what this mean ( marriage is broken irretrieveably)
Couse what i know im not divorced yet im separated . And my qustian was
Should i reported or not .coz i know when i got divorced i should report but i dont know
About separted that all ...
Any way thank you all now its clear from what i understood i dont have to reported
Im right ?
Sorry for all problem i couse
Yes you are right, you don't have to report for separation as you might even change your mind and get back together, but when you are divorce definitely you have to inform the HO.
Applied for EEA4 on 24/02/2012.
HO received on 27/02/2012.
Refusal received on 16/08/2012 dated 11/08/2012
At the court, the HO REP withdrawn the decision and asked me to send the DOC for the time before marriage.
PR dated 05/03/2013

Obie
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Post by Obie » Sun Oct 14, 2012 7:37 pm

Well i don't seem to be aware of a word called marasmatic in the english dictionary.

I personally would not have bothered with mcovet, although i am becoming increasingly concerned with the illegal post he is giving members of the forum, especially to act in a fraudulent manner, which could potentially be demaging to their case. His/her insult does me no harm, although it is deply regretable he is starting to insult other respected members of this forum.

OP, i am sorry if i was not very clear.

When a marriage is irretrievely broken down in English law, then someone is qualified for divorce if they apply for it. Once that divorce is finalised by means of a document called Decree Absolute, then they may be required to apply to HO for Retention of residence if they meet the requirements.

At this moment, you are not required to tell anyone anything, as seperation is allowed in EU law. But as stated above and by other respectable members, should things lead to divorce, you may need to inform HO.
Judge not, and you will not be judged.

polandtrade
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Post by polandtrade » Sun Oct 14, 2012 9:23 pm

Obie you dont need to be sorry you are here to help so i would like
To say thank you .
I will take your advice and i will not reported as im not divorced yet
By the way i stay in scotland not in england is this can make diferent ?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Oct 14, 2012 9:44 pm

polandtrade wrote:Obie you dont need to be sorry you are here to help so i would like
To say thank you .
I will take your advice and i will not reported as im not divorced yet
By the way i stay in scotland not in england is this can make diferent ?
The law of divorce in Scotland is different to that of other parts of the UK, but I'm not sure that this changes things for you.

Immigration law is UK wide.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Oct 14, 2012 9:53 pm

EUsmileWEallsmile wrote:
polandtrade wrote:Obie you dont need to be sorry you are here to help so i would like
To say thank you .
I will take your advice and i will not reported as im not divorced yet
By the way i stay in scotland not in england is this can make diferent ?
The law of divorce in Scotland is different to that of other parts of the UK, but I'm not sure that this changes things for you.

Immigration law is UK wide.
Your divorce lawyer will be able to tell you about the "Decree Absolute"

Obie
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Post by Obie » Mon Oct 15, 2012 7:52 am

I believe the divorce ground and rules are very similar to that of England and wales jurisdiction.
Judge not, and you will not be judged.

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