Is it still possible to have your eu settled status ilr revoked?

I am irish national. My husband tricked me to marry him. So he can apply for eu settled. He was granted pre settled 5yrs. Immediately he got his 5yrs pre settlement, not even up to a month, he started making my life hell, having sex with me without my consent, violence, will leave home for days. Now is still less than a year he got his status. He has finally left me. It is still possible to have hie pre settled status revoked. Because I am emotional depress, and felt been used.

Tek123 wrote: ↑

Sat Dec 26, 2020 11:21 am

I am irish national. My husband tricked me to marry him. So he can apply for eu settled. He was granted pre settled 5yrs. Immediately he got his 5yrs pre settlement, not even up to a month, he started making my life hell, having sex with me without my consent, violence, will leave home for days. Now is still less than a year he got his status. He has finally left me. It is still possible to have hie pre settled status revoked. Because I am emotional depress, and felt been used.

I think that if you go to another EU country to live for a few years and tell UKVI that you are no longer with him and that you have left the UK, he will not be able to apply for settlement after 5 years of residing in the UK.

Nor will he be able to apply for Retained Rights of residence to try to settle in the UK. The non-EEA citizens trying to use EEA citizens and claiming "" to settle in the UK, have to meet certain requirements - make sure you don't meet those requirements, for him to use you again.

Tek123 wrote: ↑

Sat Dec 26, 2020 11:21 am

having sex with me without my consent,

That is rape. Report rape to the police.

You can talk to organisations like this one
https://rapecrisis.org.uk/

His got presettle status which is based on UK law individualised right,era of old EEA where eu national use residency manipulation is gone,settled your marriage out mere paper.word

What marriage are we settling, when hv never wanted. There are lot of things he did to intimidate me. Just for me not to cry out before now. We met in January 2019, applied for eu settled status even before marriage. The marriage came up just to boost the application. And thinking he was genuine. He got his status march 2020. And started to mess up with me. Even frauded with my bank. Which the bank has to close my account.
I don't not understand why u said I should put paper word. What I wrote was just brief. He left six months after he got his status. Even sending me pictures of his girlfriend on bed together.

What have I done to deserve all this.

Go beg your husband to reconcile together as one family,for revocation I doubt it sister

Jamie's1000 wrote: ↑

Sat Dec 26, 2020 2:29 pm

His got presettle status which is based on UK law individualised right,era of old EEA where eu national use residency manipulation is gone,settled your marriage out mere paper.word

This is not UK law or EU law and is rubbish. There is no individualise Pre Settled status. The only people with such privilege are extended family member who are dependent on EU citizen or dependent children over 21, who do not need to be dependent to retain their status. All others need to be with their family, unless they retain their right of residence.

In the UK it is illegal for a man to force himself on a woman, even if he is married to her.

He has no rights whatsoever to do that, and you should consider reporting him to the police.

Jamie's1000 wrote: ↑

Sat Dec 26, 2020 9:58 pm

Go beg your husband to reconcile together as one family,

This is absurd and insensitive.

If this woman was your sister, will you tell her to go and beg the man that raped her, and reconcile with him.
Out of the abundance of the heart a man speaks.

Tek123 wrote: ↑

Sat Dec 26, 2020 11:21 am

I am irish national. My husband tricked me to marry him. So he can apply for eu settled. He was granted pre settled 5yrs. Immediately he got his 5yrs pre settlement, not even up to a month, he started making my life hell, having sex with me without my consent, violence, will leave home for days. Now is still less than a year he got his status. He has finally left me. It is still possible to have hie pre settled status revoked. Because I am emotional depress, and felt been used.

Hi there Tek123,
I'm saddened by your experience and I hope you recover from this.
Forcing you to have sex with him is rape and should be reported to the police, however it is understandable that you might be hesitant to do so.
I recommend reaching out to the following organisation for emotional support and guidance on that matter.

rapecrisis.org.uk
Support for women and girls affected by rape, sexual abuse or any form of sexual violence. Provides details of local centres.

You should also file for divorce if you no longer want to continue your relationship with him. Previously sponsors have written to the home office after divorce letting them know that this has happened, however I'm not fully caught up with the new rules to understand if this would have any effect on his residential status.

This is a very sensitive issue, and must be handled fairly without sentiment or emotion, so I believe if true,
It must be dealt with seriously. No one should go through this for whatsoever.

Though as we are just hearing from one side, so if true, and you have got evidence to support all your claims then, revoking document shouldn’t be the first thing to do.

If unfortunately the marriage is broken down, you think you can’t fix it, then it’s within your right to ask for a divorce, if violent or rape is involved then report him immediately and support your claim, If not, don’t accuse him just because you want to send him back.

Rape and violent should be condemned and never be condone under any circumstance, so as false accusations.

There is no evidence that he rape me, because at first I didn't not see it as rape because we were living together. that is y I did not report. But I have some evidence of him doing fraud and also with my bank account.

I wish his status was revoke because he was fake his love for me. He is 15 years younger than me. He used me.
Jt after a month he got his status, he believed he had gotten what he want. He started saying to me I can only be servicing u, because u can't give a child. Before marriage, I told him i can't have a child, he said, it's OK baby, I love u. That convinced me.
He always intimidate me for me by saying I can't give him baby, y should he stay with me.
I always beg him to stay with me that we can go for ivf.

Rewrite.......
There is no evidence that he rape me, because at first I didn't not see it as rape because we were living together. that is y I did not report. But I have some evidence of his violence and him doing fraud and also with my bank account.

I wish his status was revoke because he was faked his love for me. He is 15 years younger than me. He used me.
Jt after a month he got his status, he believed he had gotten what he want. He started saying to me he can only be servicing my pu.... because u can't give a child. Before marriage, I told him i can't have a child, he said, it's OK baby, I love u. That convinced me.
He always intimidate me for me by saying I can't give him baby, y should he stay with me.
I always beg him to stay with me that we can go for ivf.

DerickChu wrote: ↑

Sun Dec 27, 2020 12:04 am

This is a very sensitive issue, and must be handled fairly without sentiment or emotion, so I believe if true,
It must be dealt with seriously. No one should go through this for whatsoever.

Though as we are just hearing from one side, so if true, and you have got evidence to support all your claims then, revoking document shouldn’t be the first thing to do.

If unfortunately the marriage is broken down, you think you can’t fix it, then it’s within your right to ask for a divorce, if violent or rape is involved then report him immediately and support your claim, If not, don’t accuse him just because you want to send him back.

Rape and violent should be condemned and never be condone under any circumstance, so as false accusations.

Thanks for your wise words, I know someone with similar experience whom the eu partner started to act up when he reach the indefinite stage,we wife made false malicious accusation on him with violent,rape and lots, but at the end they found the guy innocent and free of charges.
Sensitive matter I say,if the other side story not heard is complicated.people unpredictable when they are loosing dominant

Y would I act up on him. Marriage was just a year, he got his status this year march. Just 9 months. My point is not d rape matters cos didn't not even know it was rape. My explanation about how he hv sex with me is when people said it was rape even though we thought we r married.

My question is how can I revoked his pre settled status. Because he got it deceitfuly.

About rape, I have got no proof. I let go. Is even a shame on me talking about d rape issues.

Again these are sensitive issue, if there are evidence of domestic violence and fraud, then report him to the police straight away, with that you can ask for a divorce.

It’s a pity you found yourself in this situation, I understand how heart broken and disappointed you are, especially getting married and believing you found someone to spend the rest of your life together.

We all believe marriage issue is very sensitive and complicated, and there is always more to this story from the other side, but my advice is if there are evidence of any kind of violence and fraud then report to the police immediately and of course you have the right to ask for a divorce and to involve Home office as well.

Home office will determine if to revoke his visa based on all the circumstances.
Take heart my sister, you will come out of this mess stronger.

Police were involve at the last violent incident. But I told police I do not want to take it further... Because I love him. Now he sent his pictures and vedios of him in bed with his girlfriend. That is so sad.

It’s a big pity, I feel sorry for what you go through, am sure you will come out of this mess a stronger woman.

I’m sorry to say, but the love thing and video stuffs you complained about, are the complicated part of marriage especially when it’s broken down, so we can’t get into that as we are not an expert and doesn’t know the full story.

Again, if there is any evidence of a crime been committed, don’t hesitate to report him to the police, seek for a divorce or reach out to Home office.
There are chances he could have problems with his documents based on the information you provided, I also think there are chances of revoking his visa if there are evidence of crime.

Tek123 wrote: ↑

Sat Dec 26, 2020 11:21 am

I am irish national. My husband tricked me to marry him. So he can apply for eu settled. He was granted pre settled 5yrs. Immediately he got his 5yrs pre settlement, not even up to a month, he started making my life hell, having sex with me without my consent, violence, will leave home for days. Now is still less than a year he got his status. He has finally left me. It is still possible to have hie pre settled status revoked. Because I am emotional depress, and felt been used.

I understand from what you said that it was a marriage of convenience ( no matter what you thought it was.). He used you. You can report this matter to the Home Office.
If you had sex with him without your consent than it is definitely rape. Report him.
If you live the country, he will lose his status.
What nationalities are you (originally)?

NatCam wrote: ↑

Sun Dec 27, 2020 7:56 pm

I understand from what you said that it was a marriage of convenience ( no matter what you thought it was.)

I don't think that that is a correct interpretation of "marriage of convenience". The definition is very restricted. For the purposes of EU law, "a marriage of convenience" is defined as "a marriage the sole purpose of which is to gain rights of entry to and residence in the European Union".

I think (and I could be wrong) that for it to be a "marriage of convenience", both sides must enter into the marriage purely to circumvent immigration rules (and thus both sides are effectively guilty of breaking the law). If one party entered into the marriage believing the marriage to be genuine, then it is not considered a "marriage of convenience".

It sounds like the OP entered into the marriage believing that it was genuine and therefore it is not a "marriage of convenience".

Original, I am irish. But he is Nigerian. We met here in UK. January 2019.
This marriage of convenience, is what it is, cos d purpose is to support the application for his status. Because he made me believe he loved me, that was y I agreed. I will not mind facing the consequences of breaking that law.

secret.simon wrote: ↑

Sun Dec 27, 2020 8:12 pm

NatCam wrote: ↑

Sun Dec 27, 2020 7:56 pm

I understand from what you said that it was a marriage of convenience ( no matter what you thought it was.)

I think (and I could be wrong) that for it to be a "marriage of convenience", both sides must enter into the marriage purely to circumvent immigration rules (and thus both sides are effectively guilty of breaking the law). If one party entered into the marriage believing the marriage to be genuine, then it is not considered a "marriage of convenience".

It sounds like the OP entered into the marriage believing that it was genuine and therefore it is not a "marriage of convenience".

Well I used to hold that view until the Supreme court case of Sadovska.

Sadovska Marriage of Convenience wrote: 29. For this purpose, “marriage of convenience” is a term of art. Although it is defined in the Directive and the 2009 Communication as a marriage the sole purpose of which is to gain rights of entry to and residence in the European Union, the 2014 Handbook suggests a more flexible approach, in which this must be the predominant purpose. It is not enough that the marriage may bring incidental immigration and other benefits if this is not its predominant purpose. Furthermore, except in cases of deceit by the non-EU national, this must be the purpose of them both. Clearly, a non-EU national may be guilty of abuse when the EU national is not, because she believes that it is a genuine relationship.

Thank you for that update, @Obie. I was unaware of that judgment.

There has been a lot of Marriage of convenience ruling, that was a recently promulgated decision.

@Obie
As always, your posts are very informative.

@Tek123
I think after looking at the above ruling a case can be made on your marriage to your ex partner being one of convenience.