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EU spouse who is getting divorce

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Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Aug 27, 2009 5:14 pm

If she was a housewife then that is considered as Self-sufficient.

I will suggest you send all the documents and reference you have to them, and allow them to make a decision.

I don't think you will necessary need the medical insurance.

Article 24 says that their should be equal treatment. Therefore if you are exempted from medical insurance if your wife was working, the opposite should also apply if you are working.
Directive 2004/38EC wrote:
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.
2. By way of derogation from paragraph 1, the host
Member State shall not be obliged to confer entitlement to
social assistance during the first three months of residence or,
where appropriate, the longer period provided for in Article
14(4)(b), nor shall it be obliged, prior to acquisition of the right
of permanent residence, to grant maintenance aid for studies,
including vocational training, consisting in student grants or
student loans to persons other than workers, self-employed
persons, persons who retain such status and members of their
families.
Smooth seas do not make skilful sailors

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 11:17 am

Post by denispearl » Fri Sep 18, 2009 11:20 am

thsths wrote:
difficult_guy wrote:a) According to my understanding with reference to your answer no-2, my three years of married relationships with EU wife makes me only ELIGIBLE for PR and give me rights to RETAIN in UK but I have to live under same status.
Yes, that is correct. You basically have a status similar to a European national now, and you can stay as long as you work in the UK (or exercise another treaty right). You will qualify for PR 5 years after started living in the UK under European law (that is probably since your marriage).
b) There is a fear of amendment or change in EU treaty its application to UK immigration law. Is there any possibility that I can apply before for PR before maturity of my 5 years of tenure of EU spouse visa?
I do not think that any changes are coming. The existing law from 2004 is still not properly implemented, so it would be too soon to introduce new legislation. And even if a new Directive is passed, European law is usually very careful not to affect existing rights.
c) How authentic and reliable will be all these documentary “evidenceâ€

difficult_guy
Junior Member
Posts: 79
Joined: Fri Jan 02, 2009 10:53 pm

Post by difficult_guy » Sat Sep 19, 2009 10:40 am

As long as your marriage last over three years and your stayed in UK over the prerod of one year, you qualify for PR in uk. But you need to find right solicitor who has right information about EU treaty and can fight your case with HO.

I wish you best wishes

denispearl
Junior Member
Posts: 70
Joined: Fri Sep 18, 2009 11:17 am

Post by denispearl » Sat Sep 19, 2009 11:31 am

difficult_guy wrote:As long as your marriage last over three years and your stayed in UK over the prerod of one year, you qualify for PR in uk. But you need to find right solicitor who has right information about EU treaty and can fight your case with HO.

I wish you best wishes
Thnk you for the wishes.
But why should I fight with HO? John said that its quite easy, just get divorse in the UK and inform HO. Even old residense stamp will stay in my passport apparently. Is it not automatic procedure? Could you explain plrase? Thanks

IMMIGRATION LAWYER
Member
Posts: 159
Joined: Tue Aug 14, 2007 8:20 pm
Location: UK

Re: EU spouse who is getting divorce

Post by IMMIGRATION LAWYER » Sat Sep 19, 2009 11:34 am

Under the EU law/Regulations 2006 you can remain in the UK if you can prove that:

- you have been married in excess of 3 years
- BOTH of you were economically active for at least 12 months in the UK
- you are divorced when you lodge your application to remain on the above grounds to the Home Office

I have been running similar cases for a number of years. They normally grant you a Residence Permit for 5 years.

Just in case, you will not be able to bring a dependant spouse from overseas if you re-marry after. You will need to be Settled for that.


difficult_guy wrote:Dear Sir/Madam,



I came to UK in January 2004 as a student. Then I got married with EU national in June 2005 here in UK. I got Spouse visa till 2011. Few months ago, my wife went back and she starts preceding divorce in court in her own country. Our marriage last more then three years. According to your some law websites, if you live as married with EU national and after three years, if marriage broke, then non-EU national can apply for PR. I want to know, do I qualify for PR? I have been working full time and I never applied for any state benefit in UK.

I really need your help, Please reply me ASAP

Three years ago, my wife worked only for couple of monthes, then she truned to a house wife. she got bank account, NHS card etc,
I want to know what other documents I need to produce?

Regards

difficult_guy
Junior Member
Posts: 79
Joined: Fri Jan 02, 2009 10:53 pm

documantry proof

Post by difficult_guy » Sat Sep 19, 2009 11:46 am

My marriage last over three years, I worked throughout, my wife worked for few months, then she turned to a housewife/self sufficient person and kept visiting other EU country for studies purpose. Both of us were actively engaged with relationship but it is really hard to get documentary proof which can satisfy to HO.

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