EEA Family Permit after Divorce

Hi Guys thanks for your help in advance, After 8 months of my husband joining me in the UK he made his 5 years residency. We came to a conclusion that we don't want to be together ( he came to the UK and stayed with his sister didn't even live with me and his name don't exist in bills ) he is been living here for 8 months now and I want a divorce and tbh i don't want him to stay in the UK as he didn't even make the effort to stay here.
I want your advice guys what should I do and what does the law state in this situation.

Thank you again

After 8 months of my husband joining me in the UK he made his 5 years residency

5 years residency where? How can he join 8 months ago then make 5 years residence?

If he entered the country 8 months ago, he should have been applying for residency card (not a requirement, but I don't know people not doing it). Not sure if he did it, as one of the things he need to send to HO is a proof of address (multiple proofs).

His EEA FP was given to him based on the fact that he is going to be joining his sponsor (you) in UK. I believe there is a part of the whole application, where you say you are obliged to report the change in circumstances to HO. Not sure that you want this path for him as I assume he will be ordered to leave the country.

All the above applies only if I ignore the sentence re 5 years residency that you dropped. Was he previously in UK on another visa?

Sorry guys I miss wrote,
he did apply for the residency and he got the 5 years residency.
I heard that if he is been here for less than 2 years and we got divorced he must leave the country. is that right?

it look like MARRIAGE OF COVENIENCE

"‘sham marriage’ can only be established if there is no genuine relationship between the parties; whereas the ‘hallmark of a marriage of convenience is one that has been entered into… for the purpose of gaining an immigration advantage "

He can only Retained right of residence in the UK if 2 condition are fulfilled

- He is married for 3 years
- lived in the UK 1 year

If you start divorce preceding now he will loose his right of residence. also in the meantime you can report to Home Office that you decided not to live with him anymore and explain to home office that he don't live with you in the UK now

here is the link ...
https://www.gov.uk/visas-when-you-separate-or-divorce

I’m still not quite sure how your husband applied for residency card if he is not living with you??? I just applied 3 days ago and I was sending rental agreements, council taxes, NHS registration etc to prove I live together with my husband

achrafmeltof wrote: ↑

Tue Sep 10, 2019 5:55 pm

Hi Guys thanks for your help in advance, After 8 months of my husband joining me in the UK he made his 5 years residency. We came to a conclusion that we don't want to be together ( he came to the UK and stayed with his sister didn't even live with me and his name don't exist in bills ) he is been living here for 8 months now and I want a divorce and tbh i don't want him to stay in the UK as he didn't even make the effort to stay here.
I want your advice guys what should I do and what does the law state in this situation.

Thank you again

Divorce won't help you. It takes ages to get a divorce. He can drag it for as long as he want. As result, he can still live long enough with you in the UK to get a retained right of residence.

The shortest option for you is to leave the UK. Once you leave the UK, he can't rely on your Treaty Rights to stay.

I think he got Eu settlement scheme pre-settled status, so currently HO do not revooke it. It is individual status for that person who received it for upcoming 5 years. It is not like EEA recidency because in EEA, non-EU is fully dependent on his/her sponsor, EE is not induvidual status for non-EU peron.
So with pre-settlement, even If you divorce now, he just won't be able to apply settled status at the end of 5 years but it is quite long period so he can find another sponsor during that time.

iwolga wrote: ↑

Wed Sep 11, 2019 7:59 am

I’m still not quite sure how your husband applied for residency card if he is not living with you??? I just applied 3 days ago and I was sending rental agreements, council taxes, NHS registration etc to prove I live together with my husband

Probably he went through pre-settle application rather than EEA FP recidency. Therefore, they only need to apply with their IDs and provide marriage act, thats it, there is no other requirements as EEA FP in EU settlement scheme.

Blacksea28 wrote: ↑

Wed Sep 11, 2019 10:03 pm

iwolga wrote: ↑

Wed Sep 11, 2019 7:59 am

I’m still not quite sure how your husband applied for residency card if he is not living with you??? I just applied 3 days ago and I was sending rental agreements, council taxes, NHS registration etc to prove I live together with my husband

Probably he went through pre-settle application rather than EEA FP recidency. Therefore, they only need to apply with their IDs and provide marriage act, thats it, there is no other requirements as EEA FP in EU settlement scheme.

Did he know your case number? Are you pre-settled yourself?

iwolga wrote: ↑

Thu Sep 12, 2019 11:05 am

Blacksea28 wrote: ↑

Wed Sep 11, 2019 10:03 pm

iwolga wrote: ↑

Wed Sep 11, 2019 7:59 am

I’m still not quite sure how your husband applied for residency card if he is not living with you??? I just applied 3 days ago and I was sending rental agreements, council taxes, NHS registration etc to prove I live together with my husband

Probably he went through pre-settle application rather than EEA FP recidency. Therefore, they only need to apply with their IDs and provide marriage act, thats it, there is no other requirements as EEA FP in EU settlement scheme.

Did he know your case number? Are you pre-settled yourself?

Why he needs to know my case number and why do you ask my status? It is not about me though...

Blacksea28 wrote: ↑

Thu Sep 12, 2019 6:05 pm

iwolga wrote: ↑

Thu Sep 12, 2019 11:05 am

Blacksea28 wrote: ↑

Wed Sep 11, 2019 10:03 pm

iwolga wrote: ↑

Wed Sep 11, 2019 7:59 am

I’m still not quite sure how your husband applied for residency card if he is not living with you??? I just applied 3 days ago and I was sending rental agreements, council taxes, NHS registration etc to prove I live together with my husband

Probably he went through pre-settle application rather than EEA FP recidency. Therefore, they only need to apply with their IDs and provide marriage act, thats it, there is no other requirements as EEA FP in EU settlement scheme.

Did he know your case number? Are you pre-settled yourself?

Why he needs to know my case number and why do you ask my status? It is not about me though...

To apply for settled/pre-settled status non EU partner needs his/her sponsor case#. It’s also advisable to do it after your sponsor gets the status

Excuse me for my curiosity, I’m just surprised how the person did it whereas sometimes genuine and long lasting relationships/marriages are being challenged by HO. Not that I’m saying that your marriage is not genuine but with the lack of your support, your husband was very lucky to get the status.

iwolga wrote: ↑

Thu Sep 12, 2019 8:38 pm

Blacksea28 wrote: ↑

Thu Sep 12, 2019 6:05 pm

iwolga wrote: ↑

Thu Sep 12, 2019 11:05 am

Blacksea28 wrote: ↑

Wed Sep 11, 2019 10:03 pm

Probably he went through pre-settle application rather than EEA FP recidency. Therefore, they only need to apply with their IDs and provide marriage act, thats it, there is no other requirements as EEA FP in EU settlement scheme.

Did he know your case number? Are you pre-settled yourself?

Why he needs to know my case number and why do you ask my status? It is not about me though...

To apply for settled/pre-settled status non EU partner needs his/her sponsor case#. It’s also advisable to do it after your sponsor gets the status

Excuse me for my curiosity, I’m just surprised how the person did it whereas sometimes genuine and long lasting relationships/marriages are being challenged by HO. Not that I’m saying that your marriage is not genuine but with the lack of your support, your husband was very lucky to get the status.

You mixed up I guess, I did not publish this post, it is achrafmeltof's post...

If she has settled-pre settled status, her spouse can apply and get too, only one requirement in settlement scheme is to stay at least 1 day in the UK...

Blacksea28 wrote: ↑

Wed Sep 11, 2019 6:12 pm

I think he got Eu settlement scheme pre-settled status, so currently HO do not revooke it. It is individual status for that person who received it for upcoming 5 years. It is not like EEA recidency because in EEA, non-EU is fully dependent on his/her sponsor, EE is not induvidual status for non-EU peron.
So with pre-settlement, even If you divorce now, he just won't be able to apply settled status at the end of 5 years but it is quite long period so he can find another sponsor during that time.

Home Office recently updated it's policy .. you can read more in here ..

" The rules also provide for the cancellation of leave where the applicant no longer meets the requirements of Appendix EU. Pre-settled status granted under these Rules is in no means a guaranteed route to settlement, it is now not guaranteed a person can retain pre-settled status to acquire the opportunity to apply for settled status. For example, a family member may cease to be a family member during the pre-settled status grant but cannot in any other way retain their status, they would find their leave cancelled and will need to investigate other routes to acquiring leave under the Rules or apply on human rights grounds to remain in the UK "

https://www.freemovement.org.uk/welcome ... -analysis/

https://www.gov.uk/government/publicati ... ember-2019