Divorce Process

legendry786 · Post by **legendry786** » Tue Dec 27, 2011 6:34 am

Hi guys
I have couple of questions here if anybody answer these questions will b much appreciated
I am family member of EEA national and have 5 years visa which HO normally gives but my marriage did not go very well and we both want divorce but we been married for almost 2 years and also i am here in UK for 8 years on various visas. i know one thing marriage with EEA national should last for 3 years but for me is very difficult to continue now so i put some questions here,

if we divorce, do we need to notify HO?
if i don,t tell HO and will my visa run as normal, as i am thinking to apply for permanent residency after 10 years on human rights basis.
where divorce process takes place? and does it cost? and how long this process takes?

as i tried to write here everything if anybody answer these questions and want to ask in details i can do that

Thanks

bobobo · Post by **bobobo** » Tue Dec 27, 2011 5:00 pm

if you were to divorce before 3 years then your stay in UK after that would be illegal and at some point you will need to tell HO about it. Ideally HO must have sent have you a letter saying if your situation changes you need to inform HO, when they issued you the RC.
You will not be able to apply on the basis of 10 yrs stay in UK in this situation

legendry786 wrote:Hi guys
I have couple of questions here if anybody answer these questions will b much appreciated
I am family member of EEA national and have 5 years visa which HO normally gives but my marriage did not go very well and we both want divorce but we been married for almost 2 years and also i am here in UK for 8 years on various visas. i know one thing marriage with EEA national should last for 3 years but for me is very difficult to continue now so i put some questions here,

if we divorce, do we need to notify HO?
if i don,t tell HO and will my visa run as normal, as i am thinking to apply for permanent residency after 10 years on human rights basis.
where divorce process takes place? and does it cost? and how long this process takes?

as i tried to write here everything if anybody answer these questions and want to ask in details i can do that

Thanks

legendry786 · Post by **legendry786** » Wed Dec 28, 2011 7:05 am

Hi guys
I am a family member of EEA national and i have a important question here if my wife applies benefits as she is not working at the moment and we have one child and i am thinking to apply indefinite after 10years on human rights basis. will it be a problem applying indefinite later. answer will be much appreciated
Thanks

Guerro · Post by **Guerro** » Wed Dec 28, 2011 11:28 am

you have to inform the HO and you don't qualify for retention. if you want to apply on a 10 year basis you have to legalise your next two years by studying or work permit

legendry786 · Post by **legendry786** » Wed Dec 28, 2011 4:03 pm

thanx guys for ur kind and valuable replys

legendry786 · Post by **legendry786** » Wed Dec 28, 2011 4:04 pm

Hi guys
I am a family member of EEA national and i have a important question here if my wife applies benefits as she is not working at the moment and we have one child and i am thinking to apply indefinite after 10years on human rights basis. will it be a problem applying indefinite later. answer will be much appreciated
Thanks

nonspecifics · Post by **nonspecifics** » Wed Dec 28, 2011 5:16 pm

It will probably be a problem for you if your EEA national sponsor is not exercising treaty rights - even if she does not claim benefits.

To enjoy the provisions of the EEA Directive an EEA national should normally be exercising treaty rights or have acquired permanent residence.

Is the EEA national exercising treaty rights in any capacity now or does she have permanent residence?

Exercising treaty rights could be jobseeker - if she is registered with JobcentrePlus, involuntarily unemployed and looking for work.

Student

Self sufficient: does she have CSI for herself and all family members and sufficient funds ?

If you want more information on applications under UK immigration law, you would do better by posting your question in the UK immigration forum.

EEAslough · Post by **EEAslough** » Wed Dec 28, 2011 5:22 pm

Hi,Dont worry. Pm me.

legendry786 · Post by **legendry786** » Fri Dec 30, 2011 12:21 pm

she is not working right now and also living separetly probabely she gona start work soon and she has not got permanent residency at the moment and she is still latvian citizen and got 1 child
but i am not thinking to apply PR after finishing my resident card because it will take long time and i cud be able to apply in 2016 which is far away and my wife giving me really really tough time rite now and i cant wait that long so my 10 years time period is about to complete in dec 2013 and i am thinking to apply on human rights basis will it be a problem even if i apply on human rights basis.
much appreciate for answers guys i tried to mention everything here but if i did miss something and you guys need more info. please ask
thanx

Obie · Post by **Obie** » Fri Dec 30, 2011 3:54 pm

In all the circumstances, i believe it will be best for you to apply for retention of right of residence before you proceed to applying for ILR.

If you proceed to Long residence (ILR) you will be required to provide evidence of residence in accordance with the EEA regulations, for all the period you are claiming.

This will certainly include evidence of her treaty rights.

If however you secure Retention of rights, you will not be required to.

legendry786 · Post by **legendry786** » Fri Dec 30, 2011 4:28 pm

thanx for that
i m wondering i have to apply for right of retention in mar 2013 cos my 3 years marriage is completing in that month
for how long of her employment documents i need cos she is separate from me at the moment and also she is not working rite now and even she is not register with job centre
right now i m realy shattered and i don't know how to figure this issue out which can save me cos rite now i feel myself hanging in air
appriciate ur reply guys thanx a lot

legendry786 · Post by **legendry786** » Fri Dec 30, 2011 4:37 pm

sorry guys another thing does the benefit to do anything with right of retention??????

Obie · Post by **Obie** » Tue Jan 03, 2012 2:52 pm

You can't qualify unless marriage has lasted for more than 3 years prior to initiation of divorce.

If you succeed in securing a Retention of Residence after Divorce, then you can presumably qualify for Long Residence in December without the need to provide a complete 3 years evidence of your ex exercise of treaty rights.

It means you secure an independent means of residence, and it will be assumed that all the time you resided in the UK was in accordance with the EEA regulation, and it was on a lawful basis and hence it will count towards 10 years lawful residence.

biza · Post by **biza** » Fri Jan 06, 2012 2:22 pm

Hi everyone,

I am married to an EEA national, we got married in 2010.
I currently have a 5 yr residence card issued Jan 2011.

Sincerely, I am no longer happy in my marriage. My hubby drinks excessively,
Always gets home drunk. Worse he fights everytime and gets arrested and locked up for sometimes 1 or 2 or 4 weeks. Talks and usually threatens me when drunk. Now for how long can I keep up with this.

I have tried my best but he just has no intention to change.

I am thinking to get a divorce.
What happens to my status when this happens?

I am happy with some other guy now(He currently holds Indefinite Leave to Remain but in the process of applying for citizenship)
We really both want to get married after my divorce.

Please advise me on the complications. If I divorce my current husband who is
An EEA national and marry someone whith ILR.

I am a non-EEA but hold 5 yr residency

Can I marry in this country if I divorce my husband?
If yes. What happens to my current status(5 yr resident Card)?
Do I have to reapply for a different type of visa?

I really want to get a divorce , but want to know the implications and the best way to go about it.

I appreciate every comment. Help a sad woman!
[/u]

bobobo · Post by **bobobo** » Fri Jan 06, 2012 4:04 pm

You have asked teh same question on Multiple Threads, is there a particular reason for this, people will respond to your query but posting it multiple times is just annoying and doesnt speed up the process of you getting an answer!!

biza wrote:Hi everyone,

I am married to an EEA national, we got married in 2010.
I currently have a 5 yr residence card issued Jan 2011.

Sincerely, I am no longer happy in my marriage. My hubby drinks excessively,
Always gets home drunk. Worse he fights everytime and gets arrested and locked up for sometimes 1 or 2 or 4 weeks. Talks and usually threatens me when drunk. Now for how long can I keep up with this.

I have tried my best but he just has no intention to change.

I am thinking to get a divorce.
What happens to my status when this happens?

I am happy with some other guy now(He currently holds Indefinite Leave to Remain but in the process of applying for citizenship)
We really both want to get married after my divorce.

Please advise me on the complications. If I divorce my current husband who is
An EEA national and marry someone whith ILR.

I am a non-EEA but hold 5 yr residency

Can I marry in this country if I divorce my husband?
If yes. What happens to my current status(5 yr resident Card)?
Do I have to reapply for a different type of visa?

I really want to get a divorce , but want to know the implications and the best way to go about it.

I appreciate every comment. Help a sad woman!
[/u]

biza · Post by **biza** » Sat Jan 07, 2012 6:10 am

Bobobo, no intention to annoy anyone. First I wasn't to sure the correct tread to use, secondly am only hoping to get an answer. As this forum is very good in helping people with great advices.
Thanks

bobobo wrote:You have asked teh same question on Multiple Threads, is there a particular reason for this, people will respond to your query but posting it multiple times is just annoying and doesnt speed up the process of you getting an answer!!

biza wrote:Hi everyone,

I am married to an EEA national, we got married in 2010.
I currently have a 5 yr residence card issued Jan 2011.

Sincerely, I am no longer happy in my marriage. My hubby drinks excessively,
Always gets home drunk. Worse he fights everytime and gets arrested and locked up for sometimes 1 or 2 or 4 weeks. Talks and usually threatens me when drunk. Now for how long can I keep up with this.

I have tried my best but he just has no intention to change.

I am thinking to get a divorce.
What happens to my status when this happens?

I am happy with some other guy now(He currently holds Indefinite Leave to Remain but in the process of applying for citizenship)
We really both want to get married after my divorce.

Please advise me on the complications. If I divorce my current husband who is
An EEA national and marry someone whith ILR.

I am a non-EEA but hold 5 yr residency

Can I marry in this country if I divorce my husband?
If yes. What happens to my current status(5 yr resident Card)?
Do I have to reapply for a different type of visa?

I really want to get a divorce , but want to know the implications and the best way to go about it.

I appreciate every comment. Help a sad woman!
[/u]

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