EEC family member, seperation and visa status.

Hello, I have been married to an eec passport holder in UK.
After five and half years of marriage, and having a kid age three, things are not working and she filed application for divorce.
We are still living togerther, I wish to apply for indefinite leave to remain, however, it is unlikely that she will be helping me with my application, by means of providing her documents for my application, and I wish to know what remedies are available under these circumstances?
I would appreciate your assistance.

Thank you.

Have you been living in the UK for 5 years with your wife, and have you got evidence to prove this?

What is your current immigration stamp?

Thanks Obie,
I have been living in the UK with my wife for 5 years, there is evidence to prove this, such as bills etc.,
And to date she is still living with me.
The current immigration stamp is, EEC family member visa, which is up to Dec 2010.

Thanks for assistance.

londonern wrote:Hello, I have been married to an eec passport holder in UK.
After five and half years of marriage, and having a kid age three, things are not working and she filed application for divorce.
We are still living togerther, I wish to apply for indefinite leave to remain, however, it is unlikely that she will be helping me with my application, by means of providing her documents for my application, and I wish to know what remedies are available under these circumstances?
I would appreciate your assistance.

Thank you.

Hi

You are still entitled to reside and work in the UK your rights will be the same the only way to get the confirmation of the PR, as long as you are still married you need to provide you EEA partner document EXP: P60, payslips ....
In the case of divorce before the 5 years requirement:
EU directive 2004/38/EC after been living together for more then 3 years you are entitled to to keep the same right but in the case of divorce you need to support your self from the date of the divorce mean: you need to supply your partner's documents until the date of divorce and then your document from that date onward till that continuous 5 years.

PS: I'M married too and been married for nearly 5 years too, as you know (poor, rich, happiness and the bad could happen in life...
Hope u can find your happiness. focus on the good moments and try to save your marriage maybe????
All the best.

Hello Noble72UK, Thanks for your advise, which is very useful.
Although we still live together, it is very unlikely that she will give these documents such as the P60s, pay slips or her passport to support my application, and at the moment things are getting more complicated, since she is now trying to get money from me for her food and kids food etc., and now she gets more abusive and committing domestic violence. I am reluctant to go to local council to report her as I am scared that the council may take the kid to their custody due to her committing domestic violence. She did this in the past and the local council warned her that if she repeats such action they may take the baby to their custody. This would be very sad..
Ironically, she is now also threatening me that she will be taking the half of the house which i worked and paid for two years. So it is a bit complicated situation. So far I paid GBP 17,000 to the house and worst case I loose half of it at the time of divorce. Although we are at the process of divorce, I don’t have a solicitor as this will cost quite a lot , and I can not afford in this financial climate.
(her solicitor is paid by state as she is not working, how nice, this is a paradise country for people who don not want to work)

If worst comes worst, and if she continues with the way she is, I will have no option but to report her to the domestic violence team in the council and support my application with these documents as evidence.

Well, at this point, saving the marriage is not looking like an option.

Anyway, I keep my research and may be can find some more valuable advise on the internet.

Thanks

Kind regards

A friend who I am writing for has a situation much like yours:

She is a Thai who came to the UK five years ago on a work visa. Married EU national from work and quit her job to become a housewife and had two kids that are were born in the UK and are UK citizens. She is about nine months pregnant with a third and the husband lost his job last year and travels around doing odd construction jobs with no hope for the future. They are separated and she is living in a council flat and managed to get by so far with some help from the council.

Her visa will expire soon and she has no income support from anyone and returning home to poverty with two UK kids does not seem like a good future.

What is her options to remain in the UK being settled with three kids and husband no longer being around?

Could they actually deport her and her three kids?