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Words of Advice!

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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sauhs
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Words of Advice!

Post by sauhs » Wed Dec 16, 2020 8:15 pm

Hi Everyone

I'm posting on behalf of a friend. Her situation:
Wife got married to an EU national in 2018 from Spain. Husband was 'nice' to her. Husband came to the UK in 2019 and put in an EU Settlement application for Wife. Wife arrives in the UK beginning of 2020. Husband begins to change towards wife and wants to live with another Girlfriend in Spain. Husband leaves Wife and goes to Spain after living with Wife for only 2 months. Husband has not been in contact with Wife for the past 6 months. Wife has her Pre-Settled status and is still living with in-laws.

So with the current situation a Divorce is highly likely. What are the options for the 'Wife'? As she only has pre-settled status, how will she apply for settled status after 5 years without her husband's help. If they were to divorce, could she get sent back to where she came from i.e. deported? If she was to stay here and live with other family members, how would that work? How would she apply for settled status later on?

secret.simon
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Re: Words of Advice!

Post by secret.simon » Wed Dec 16, 2020 11:31 pm

Are the in-laws EEA citizens themselves?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

sauhs
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Posts: 28
Joined: Sat Nov 23, 2019 6:26 pm

Re: Words of Advice!

Post by sauhs » Thu Dec 17, 2020 7:14 am

Yes the in-laws are EU citizens, some with settled some with pre-settled status, but they won't be willing to help with paperwork if any problems e.g. divorce

sauhs
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Re: Words of Advice!

Post by sauhs » Thu Dec 17, 2020 12:05 pm

Anyone?

Jamie's1000
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Nigeria

Re: Words of Advice!

Post by Jamie's1000 » Thu Dec 17, 2020 8:33 pm

It's a difficult situation as it is she hasn't covered with with the requirements for divorce situation that state must have lived together in uk 1year and 3years of marriage.

sauhs
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Posts: 28
Joined: Sat Nov 23, 2019 6:26 pm

Re: Words of Advice!

Post by sauhs » Fri Dec 18, 2020 7:35 am

Yes, that is why I am slightly confused. She isnt eligible for retained rights of residence 🤔

sauhs
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Re: Words of Advice!

Post by sauhs » Fri Dec 18, 2020 7:40 am

But..isnt her case one of domestic violence. As even though there has been no physical abuse, he has mentally been affecting her..threatening her with divorce, trying to control her as in where she goes and who she sees, not talking to her for such a long time etc.

THO
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Re: Words of Advice!

Post by THO » Fri Dec 18, 2020 9:35 am

Where is domestic violence or controlling behaviour mentioned? Her husband just left and went to live with another woman.

The OP wants to know if there are any grounds she can stay, but since her marriage is ending so soon, her eligibility to remain in the UK, must have gone too?

sauhs
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Joined: Sat Nov 23, 2019 6:26 pm

Re: Words of Advice!

Post by sauhs » Fri Dec 18, 2020 11:18 am

No, he has been threatening her with divorce when he used to talk to her while he was here and wanted her to not meet/talk to certain people.
I just want to know if there is any way she can stay?

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