SPOUSE OF AN EU CITIZEN IN TROUBLE

Hi everybody,i will like to seek for some advice on behalf of my friend, he
married a lady from Estonia in Oct 2007 has eufam4 and there is a child between them.

situations are as follows ;

1. wife on jobseeker allowance for many years claiming for the husband as well since 2008 and taking all money all alone.

2. husband looking for work but wife giving conditions that get the job and 4get about the marriage

3. last week there was a little argument about husband looking for work and 3day after police came to the house and served the guy a summon letter file by his wife for protection order.

4. there was never any fighting or any violence at all but the wife went and claimed that he s violent going to court next month

5. Dont know what to do he is in a very bad mood and confused
anybody have any advise for this poor guy on what to do about the court order and wife theatening attitude,how he can work without loosing his relatioship and kid?
wife threatening separation or divorce.
Any possible facts and advise will be appreciated.

See a good lawyer.

Please can u tell me a bit more what lawyer can do because this guy dont know nothing and need proper direction on what to do.thanks

Well if ur friend knows nothing a lawyer can help understand and guide him and fight his corner.

The marriage hasn't lasted long enough for him to retain right of residence, and as the acrimony has already started it's going to need a court to sort it out and your friend will need representation there for sure.

Aslo how do we know he hasn't been violent and how do we know the argument was about him wanting to work? We don't know, there's always three stories in these cases, his, her's, and the truth. The Court will decide.

there was never any history of violent at all because i know them very well.and besides how long does the relationship need to be in other to retain his right of residency?thanks a lot.

El shaddai wrote:there was never any history of violent at all because i know them very well.and besides how long does the relationship need to be in other to retain his right of residency?thanks a lot.

With respect, you knowing them very well carries no weight, you could be naturally defending them, or they both could have a secret violent relationship hidden to all. It's not for me or you to judge. The Yorkshire Ripper's wife had no idea her husband slaughtered and mutilated 13 women. Noone knows what goes on behind closed doors. Anyway;

Three years, one in UK.

But he will need the cooperation of his missus in the form of proof of her exercising her treaty right, ie passport, P60's, payslips. As she has not been working, legally self-sufficient for the purposes of treaty law, both will need to have had third-party comprehensive private health insurance.

you may be right agreed with you,do u know what can happen in the court,and what about his right of residence?is that gonna be affected?though he s less concerned about that.but will be good for him to know.if it comes to worst when can he be able to retain his right?

El shaddai wrote:you may be right agreed with you,do u know what can happen in the court,and what about his right of residence?is that gonna be affected?though he s less concerned about that.but will be good for him to know.if it comes to worst when can he be able to retain his right?

He will need her coop if the marriage is over. Also the Health Insurance, without those he won't retain it. However I don't know how the child affects things or how not having the health insurance over the period in question affects things.

Best wait for others or see that laywer - and one that specialises in EEA immigration law.

Thanks a lot Wanderer,i will advise him on all you said, but will still like to know if he can still qualify for the retention right of residence they will be 3years in marriage and living together with a child by next October.

Wanderer wrote:Well if ur friend knows nothing a lawyer can help understand and guide him and fight his corner.

The marriage hasn't lasted long enough for him to retain right of residence, and as the acrimony has already started it's going to need a court to sort it out and your friend will need representation there for sure.

Aslo how do we know he hasn't been violent and how do we know the argument was about him wanting to work? We don't know, there's always three stories in these cases, his, her's, and the truth. The Court will decide.

well said

October is their 3rd marriage anniversary, can anything look good for the guy by then if they still together?bcos she s threatening to damage everything concerning his statues.

You friend would most likely be able to retain his right of residency in the event of a divorce, as there is every likelihood that a divorce will not come through before October 2010, giving the state of the Irish Divorce system.

2. You friend would need a lawyer to revoke these orders put against him by his wife. If he is strong enough, he can fight it on his own.

3. Because of the fact they have a child together, he will also be able to retain his right of residence on the grounds he is accessing a child in Ireland.

4. He will need to get a court order granting contact, and a contact order preventing the child from being taken away from the Irish jurisdiction.

I wish him all the best for the future

Thanks very much Obie,i will let him know all this informations bcos he dont know nothing about his right.