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Hi,
This is my first post. I hope somebody of you guys can help me as I can't find the answer in all the posts here.

In resume, my situation:

Got married 2011
Enter UK 2011 (family permit)
Got RC 2013 (EEA person non working with some gaps trough the years)

EEA person left UK late 2014, refusing to get divorced in UK and went to EEA home town.
EEA starting divorce already from EEA home country.
Expecting decree absolute around early 2016.

I still have 3 years left of RC but I know I lose my rights since the EEA leaves the UK.

Any idea if I qualify to remain here? or any similar case?
As my partner left me here, saying she was going on holidays and never came back.

Any help I would appreciate it.

Thanks in advance.

I guess you'll just have to wait for the judgment from this referral to the CJEU to see. I don't when that would be though.

mxcouk wrote:Hi,
This is my first post. I hope somebody of you guys can help me as I can't find the answer in all the posts here.

In resume, my situation:

Got married 2011
Enter UK 2011 (family permit)
Got RC 2013 (EEA person non working with some gaps trough the years)

EEA person left UK late 2014, refusing to get divorced in UK and went to EEA home town.
EEA starting divorce already from EEA home country.
Expecting decree absolute around early 2016.

I still have 3 years left of RC but I know I lose my rights since the EEA leaves the UK.

Any idea if I qualify to remain here? or any similar case?
As my partner left me here, saying she was going on holidays and never came back.

Any help I would appreciate it.

Thanks in advance.

With my little knowledge , it doesn't look good since the EEA national has left UK.
Very experienced people on this forum like obie can advise if there is any possible option for you.

Thanks for your replies guys.
Im very confused tbh.

Any experienced advices would be appreciate IT.


Thanks

mxcouk wrote:Thanks for your replies guys.
Im very confused tbh.

Any experienced advices would be appreciate IT.


Thanks

Why are you confused? And what further experienced advise do you require , besides the one that has already been offered to you.
I believe the advice you were given are really good, and i am not sure you can receive it from a solicitor.

At least, not from most of the ones around these days.

Obie wrote:

mxcouk wrote:Thanks for your replies guys.
Im very confused tbh.

Any experienced advices would be appreciate IT.


Thanks

Why are you confused? And what further experienced advise do you require , besides the one that has already been offered to you.
I believe the advice you were given are really good, and i am not sure you can receive it from a solicitor.

At least, not from most of the ones around these days.

Thanks for replying.
I don't know what would be next after getting the decree absolute from the divorce or what's the next step.

I'd say wait for the CJEU judgement to come out. If it's favourable, then you could apply for RORR. But if not, I'm afraid your right of residence will have extinguished with the divorce; in that case you could probably get away with residing in the UK until your EEA2 runs out but you wouldn't be able to apply for another one.

rosebead wrote:I'd say wait for the CJEU judgement to come out. If it's favourable, then you could apply for RORR. But if not, I'm afraid your right of residence will have extinguished with the divorce; in that case you could probably get away with residing in the UK until your EEA2 runs out but you wouldn't be able to apply for another one.

Thanks again for replying.
Sorry for my ignorance.m but what do you mean by waiting for the CJEU? What do I need to do to do that? I don't know those terms.
Regards

CJEU stands for Court of Justice of the European Union. If you read the link I gave you, you will see that a referral has been made to the CJEU for a ruling on whether a non-EEA national can retain a right of residence after a divorce if their EEA spouse was not exercsing Treaty rights at the time of the divorce. The judgments of the CJEU are binding on the national courts of every Member State.

rosebead wrote:CJEU stands for Court of Justice of the European Union. If you read the link I gave you, you will see that a referral has been made to the CJEU for a ruling on whether a non-EEA national can retain a right of residence after a divorce if their EEA spouse was not exercsing Treaty rights at the time of the divorce. The judgments of the CJEU are binding on the national courts of every Member State.

So should I write to them after getting divorced?

Write to who? You cannot do anything except wait for the case to be heard in the CJEU and then wait for the result to be published, as I said. I don't know when the court case will be heard. If it turns out to be a favourable ruling, then apply to the Home Office for RROR in the normal way using the EEA2 form (or EEA(FM) form as it is now called). And if the Home Office refuses, fight them in appeal court using the CJEU ruling to argue your case. But if the CJEU ruling is not favourable, you will have no right of residence after the divorce.

There is nothing you can do right now except wait for the news about the CJEU judgement.

mxcouk wrote:

rosebead wrote:CJEU stands for Court of Justice of the European Union. If you read the link I gave you, you will see that a referral has been made to the CJEU for a ruling on whether a non-EEA national can retain a right of residence after a divorce if their EEA spouse was not exercsing Treaty rights at the time of the divorce. The judgments of the CJEU are binding on the national courts of every Member State.

So should I write to them after getting divorced?

If you write them, then prepare for you to receive a letter that you should leave the UK, and you may even get your residence Card due to expire in 2018 revoked.

All the advise you have been given is hypothetical.

Firstly there is no divorce, and i am really puzzled as to why you are not expecting a Decree absolute until 2016.

Secondly, the question of retention of residence is not even in the equation, as you have not got a divorce.

Thirdly, you will have difficulty with retention as the law stand, as there is no proof that your spouse is a qualified person.
At least that issue is not live as yet, as there is no divorce.

Obie wrote:

mxcouk wrote:

rosebead wrote:CJEU stands for Court of Justice of the European Union. If you read the link I gave you, you will see that a referral has been made to the CJEU for a ruling on whether a non-EEA national can retain a right of residence after a divorce if their EEA spouse was not exercsing Treaty rights at the time of the divorce. The judgments of the CJEU are binding on the national courts of every Member State.

So should I write to them after getting divorced?

If you write them, then prepare for you to receive a letter that you should leave the UK, and you may even get your residence Card due to expire in 2018 revoked.

All the advise you have been given is hypothetical.

Firstly there is no divorce, and i am really puzzled as to why you are not expecting a Decree absolute until 2016.

Secondly, the question of retention of residence is not even in the equation, as you have not got a divorce.

Thirdly, you will have difficulty with retention as the law stand, as there is no proof that your spouse is a qualified person.
At least that issue is not live as yet, as there is no divorce.

Yes, I know that this is hypothetical. Anyway I'm expecting to have the decree absolute as the eea is starting the divorce procedures at her home country and as far as I know, after signing the divorce papers, it will take 6 months to get the decree absolute so that's why im saying by late 2015 or beginning of 2016.
So I would like to know what to do afterwards to be prepared, that's why I opened this thread.

Perhaps it could be better to let run my rc until 2018 as applying for RoR could be risky (could take the risk to see if i can get it) and if it's refused I would need to leave UK.

Am I right?

Why don't you pursue Divorce from UK?

You need to seek legal advise about your position.

If divorce is filed from overseas by her, you will find it extremely hard to get retention of residence.

Obie wrote:Why don't you pursue Divorce from UK?

You need to seek legal advise about your position.

If divorce is filed from overseas by her, you will find it extremely hard to get retention of residence.

Well I did propouse it to her but she didn't and doesn't want to cooperate anymore to let me stay here.

I want to look legal advice tho for it but how does that help if she doesn't want to cooperate and she's been menacing me me to sing the divorce otherwise she will notify the ho to kick me out of the country, which I've found it really rude.

Well she cannot always be the one that call the shots, can she?

You certainly can be in charge of deciding the outcome of your destiny.

Obie wrote:Well she cannot always be the one that call the shots, can she?

You certainly can be in charge of deciding the outcome of your destiny.

Well, you are certainly right. But what to do in this case when when there's a menace against you of being able to be here or go away?

What region of the UK are you based, as there are different policy in England and Scotland.

Obie wrote:What region of the UK are you based, as there are different policy in England and Scotland.

South London.

Does it matter if the divorce happens from The UK rhater than receive from the eea home country?

As the law stands, unless your EEA national has acquired PR, you are required to show she was exercising treaty rights at the time of divorce.

If divorce is initiated from outside the UK, you are highly unlikely to be able to demonstrate that.

Obie wrote:As the law stands, unless your EEA national has acquired PR, you are required to show she was exercising treaty rights at the time of divorce.

If divorce is initiated from outside the UK, you are highly unlikely to be able to demonstrate that.

Well, it looks likely I will have to send her the divorce petition to her, initialised it here in London, then wait for the decree absolute from the UK authority and apply for ROR.