- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe
But the law does allow EU citizen to travel back at any times and put the condition of three years of tenure of relationship between spouses, which I already have passed. my left uk for the sake of divorce but not for the sake of career or job. I tried my best to read the EU treaty but I couldn't find any law, saying that if my wife initiate divorce outside uk, I will lose the right of residence here in uk, even after period of three years.....bobobo wrote:Unfortunately your solicitor is correct. To retain rights of residence the Marriage should have lasted for > 3years, 1 year in the UK, The EEA spouse should be exercising treaty rigths in the UK throughout the period especially from divorce initiation until grant of decree absolute.
If during this period the EEA spouse leaves the UK and goes, the Non EEA national automatically looses their right to remain in the UK, as their rights are derived from the EEA nationals rights.
In your case since the Divorce has been initiated from a member EU country, the HO would know straightaway that the EEA spouse left the UK.
So things dont look very bright for you mate.
difficult_guy wrote:But the law does allow EU citizen to travel back at any times and put the condition of three years of tenure of relationship between spouses, which I already have passed. my left uk for the sake of divorce but not for the sake of career or job. I tried my best to read the EU treaty but I couldn't find any law, saying that if my wife initiate divorce outside uk, I will lose the right of residence here in uk, even after period of three years.....bobobo wrote:Unfortunately your solicitor is correct. To retain rights of residence the Marriage should have lasted for > 3years, 1 year in the UK, The EEA spouse should be exercising treaty rigths in the UK throughout the period especially from divorce initiation until grant of decree absolute.
If during this period the EEA spouse leaves the UK and goes, the Non EEA national automatically looses their right to remain in the UK, as their rights are derived from the EEA nationals rights.
In your case since the Divorce has been initiated from a member EU country, the HO would know straightaway that the EEA spouse left the UK.
So things dont look very bright for you mate.
bobobo wrote:The EEA spouse should be exercising treaty rigths in the UK throughout the period especially from divorce initiation until grant of decree absolute.
We would need to know if the divorce was done under UK law or not.mcovet wrote:You need to find out whether for your wife to initiate divorce proceedings from abroad she needs to have been resident or domiciled there.
ddoctor wrote:hi,
As reading above all .. I have one question that if one EEA national wife is a student here for first two years and then work for 1 year , and 3 years for mariage completed .. still does it required to show health insurance for both for her time when she was student ? is that health insurance is a mandatory thing ? your brief replay on that will be much appreciated. thanks