ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Im seeking advice regarding divorce between EU & Non-EU.

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
js101
Newly Registered
Posts: 16
Joined: Mon Aug 25, 2008 7:33 am
Contact:

Im seeking advice regarding divorce between EU & Non-EU.

Post by js101 » Mon Aug 25, 2008 2:47 pm

Hi all,
first of all i would like to thanks all of you for your valueable comments. This website has been really helpful and gave me alot of information which BTW not easy to get from HO.

I've some questions and would like you guys to please help me in this terrible situation im in right now.
__Got married to A8 national(polish): July 2005
__Came in UK on EEA Family Permit: Aug 2006
__Applied on FMRS in Feb 2007 and HO issued me one year RC because my spouse ddnt finish 12 months continues employment because of pregnancy.
Im due to apply for My RC ( EEA2) by the end of next month. Problem is our marrige is nearly breakdown and i dont feel their's any emotional ties between me and my wife and thinking to get divorced. but as i mentioned above that im due to apply for 5 year RC but don't know where do i stand in this particular situation and if i can retain the rights of residence ( married over 3 years, living 2gather in UK 2 years)

Therfor i request you guys to please give me some information regarding it. ( since we moved in UK, we are living 2gather and i've all the contracts of the House's we lived, Bills and bank statements, letters from GP where all of us are registerd, My and Her P60' P45 etc)
I'vnt started the divorce procedure yet though

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Aug 26, 2008 7:44 am

I think your next step is clearly to proceed to get your Residence Card, by filing the form EEA2.

After that, well it seems clear that, on the facts, the two of you have been married at least 3 years, and lived in the UK at least 1 year, and accordingly if the divorce does happen you will have continuing rights to live in the UK, notwithstanding that you will not longer be a family member of an EU citizen, and indeed in due course to get your PR.
John

js101
Newly Registered
Posts: 16
Joined: Mon Aug 25, 2008 7:33 am
Contact:

n what if?

Post by js101 » Tue Aug 26, 2008 6:34 pm

thanx for your prompt reply. do you think the best thing for me to apply for the RC by filling EEA2 first.......n meanwhile HO if processing my application i can start the divorce procedure.

if my divorce gona finalize before the decision of my application ( which appearntly taking more then 6 months where divorc could be fianalized in 3-4 months) shall i inform the HO about it or after getting the RC?

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Tue Aug 26, 2008 6:50 pm

js101, I think the safest route to take is to wait until you have received the Residence Card, before you commence divorce proceedings.

Any particular reason why you feel the need to rush to start the divorce proceedings?
John

js101
Newly Registered
Posts: 16
Joined: Mon Aug 25, 2008 7:33 am
Contact:

Post by js101 » Tue Aug 26, 2008 10:39 pm

yeah coz she threat me that she is going to leave and going back to her home country with my son.
and by my little knowledge if one's EU partner will stop treaty rights then RC is automatically revoked or invalid.

i was thinking it might be safe to start the divorce coz she gona stay during the divorce here = exercising of treaty rights

and when the HO would ask for further documents after 5-6 months(which they will definatly do) i would be in a position to provide the proofs that she have been exercising her treaty rights during the divorce procedure. But i'm affraid that in this case HO gonna suspect it as a marriage of convenience or can kick me outa.......................

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Aug 27, 2008 8:50 am

..... and by my little knowledge if one's EU partner will stop treaty rights then RC is automatically revoked or invalid
That is an oversimplification, and not necessarily correct.

Which country is she from? How long has she been in the UK? What has she done since she first got here? She worked, from when to when? And then? Looking after the child?

In any case, I think you need to see a Family Law solicitor. It is possible to seek a Court Order stopping her taking the child out of the UK, even without starting divorce proceedings.
John

js101
Newly Registered
Posts: 16
Joined: Mon Aug 25, 2008 7:33 am
Contact:

Post by js101 » Wed Aug 27, 2008 11:52 am

"She is Polish. came in UK may 2006 and start work straight away till the end of october 2006......
got off from work coz of pregnancy and to look after our son from nov 2006 till august 2007 ( she was on Maternity Allowance during this time (for 26 weeks) coz she wasn't employed long enough claim Statutory Maternity Pay from her employer.
start work again Aug 2007 onward....n this month she finishd 12 months of Continuous employment"

and thanks john for your advise......im surly gona see a family lawyer and seek advice regarding court order to stop her taking my son away.

and as i said in my last post, do u think it's ok if i'l submit EEA2 first and if during this time my divorce gona final, i can notify the HO about it :?: so they can issue me RC without being the family member of EEA national

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Wed Aug 27, 2008 2:36 pm

so they can issue me RC without being the family member of EEA national
No, you need to be a Family Member of an EEA citizen, who is exercising EU Treaty Rights in the UK.

You remain a Family Member until the Decree Absolute is issued.

As regards whether you retain rights should your spouse leave the UK, have a good read of this document, which is part of the instructions to UKBA staff dealing with European applications.
John

Locked
cron