Immigrationboards.com

hi,
I hope someone will be able to help me , because I really don't know what to do. I'm in relationship with a guy who merry portuguese women before we met. he has got spouse visa which expire in 2016, they are married for more than 3 years and he could apply for ILR but solicitor said that she didn't work for all that time so he won't get it. I can not imagine to wait another 2 years because that women keep asking for money all the time as she never worked, so we have to pay for her flat and bills to stop her from report relationship break down to home office. Now situation is even worst because i expecting baby and we can not afford to pay her anymore. My partner is self employed and never been depend on her. Is there any way out of this situation???

So...

Your Husband is a NON EU national who is married to an EU national but now he is separated from her and living with you
and you said she never worked so it will difficult for your partner to apply for Permanent Resident ?

He can either apply for PR after 5 years marriage or apply for Retain right of residence after divorce from her

1. did he ever lived with her in the UK. if yes how long together in the same address ?

2. His wife obviously did work or may be exercised treaty right in different category or else how your partner got 5 years EEA family member residence card ?

3. Are you an EU national too ? How long you both living together in the same house ?

Is the wife working at present.

The best way to avoid this exploitation is to file for a divorce, and ensure this ensure the wife is exercising treaty rights at the time of divorce.

hi. thanks for answer,
we are living together but he is using the same address what she does, so that will be more than 5 years now ( they are married for 3 years and 3 months at the moment )
we just found out few weeks ago that she report to council that he is no longer living there and applied for benefits. ( she staying in France at the moment with her new boyfriend while we are paying for her empty flat- is more than 2 months now)
she used to work in the beginning but since my partner received resident card she stopped and decide to stay at home. the only time when she is working, is 3 months summer time in one restaurant but cash in hand.
Yes Im EU but we can not proof that we had been together ( for years ) because all bills are on my name , house agreement as well. There is no any evidence that we have ever been together, only baby.
Also I dont know what to do about baby I mean should i register him as a father or say that Im single mother. I dont want to make it worst. We both want that baby, but if him being a father (birth certificate) can in the future make us more problems to get ILR or any visa I will not do that.
Once we can not proof her treaty rights he can not apply for Retain right of residence after divorce or he might never become Permanent residence even if we wait another 2 years- this what I understand after reading all that posts .

I just had idea, which might help (let me know if Im wrong)
My partner he is self employed, him and his friend has got kebab shop. what if he make her as his employee once he file for divorce?
will that proof her treaty rights?

Well the difficulty with that is the fact that she is not working there, and she may be on benefit, this may create problems, which might come back to hunt you in more ways than you can imagine.

so is anything what we can do about this, I mean we are going to have a baby and last thing what I want is him to be deported

Hi ,
I hope to get advice again and will be glad if any of you know what to do...
My partner got finally divorce and received final decree 11th of September 2014. As some of you advice me, his ex wife was working full time for 2 months before they file for divorce until now. We spoke to solicitor and he is going to apply for new visa which won't be depend on anyone, but he notice us that HO might refused application because ex-wife is working full time in Kebab shop and my partner own half of that Kebab shop which make him her employer "this might be suspicious for HO" he said.
In that case if they refused application we will have to go to court which we are trying to avoid.
He offer us another way but I'm not sure if we are allow to do that; He said that; why don't we get married in registration office now? I just wonder , my partner still has that eea visa which expired March 2016 but we are not sure if after divorce is still valid?
we are having baby so that shouldn't be nothing suspicious that we want to get married now, but im not sure if this legal?
If anyone know what shell we do next i will appreciate it

I am not sure the solicitor is right in his approach at all.

Your partner should qualify.

If the solicitor is not confident about what he is doing, then he may not know what he is doing.

Thanks for answer, well I thought the same after I read all that posts. I mean not everyone after divorce have to turn into enemies, so there shouldn't be any problem if she working for him and he is her employer???
Also I went to registration office to ask about if we can get married with current visa and they said that there is not problem at all.
Just we have forget about one thing ; she registered them marriage in Portugal, so he is divorced in England but still married in Portugal

hi,
This another time when I have to look for help on this forum, as I mentioned before my partner got divorce on September and we are going to get married end of December. We have already booked the date. Here is the question: Is there any chance that his ex wife can stop us from getting married? Since she find out we are going to do that, she threating us that she will do everything to stop us from getting married. I really need someone to advice us what shell we do in this situation. Should we worry about her or not. Thank you