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Divorce while applying for permanent residence
Posted: Thu Jul 21, 2016 9:04 pm
by djabea
I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx
Re: Divorce while applying for permanent residence
Posted: Sat Jul 23, 2016 1:35 pm
by noajthan
djabea wrote:I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx
If not finally divorced you are still married. So probably no material change to advise HO about (yet) - as you agreed to do so by signing the Declaration on the application form.
Re: Divorce while applying for permanent residence
Posted: Sat Jul 23, 2016 7:06 pm
by djabea
Aha ok what if she contact the HO and sy that she doesn't want to sponsor me anymore and asking about her ID for example.
Re: Divorce while applying for permanent residence
Posted: Sat Jul 23, 2016 7:11 pm
by noajthan
djabea wrote:Aha ok what if she contact the HO and sy that she doesn't want to sponsor me anymore and asking about her ID for example.
In that case you are going off-piste and straying into uncharted territory.
Re: Divorce while applying for permanent residence
Posted: Sat Jul 23, 2016 11:10 pm
by Richard W
djabea wrote:I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx
If you two were living in the same country for the relevant 5 years, in principle nothing should happen. The Diatta case established that provided your marriage was not one of convenience, there is no need for the marriage to be subsisting for you to derive a right of residence from your wife's being a qualified person. (The situation might have been different if the UK had voted to remain in the EU.)
As to your wife's ID, do you have other evidence that she is still an EEA citizen? I am not sure that they can refuse to accept her ID as evidence even if your wife claims you stole it from her, and you may even be able to use your residence card as evidence that your wife is an EEA national. It proves that she was accepted as such, and even current ID is at best proof of nationality up until the last opportunity to confiscate it.
Re: Divorce while applying for permanent residence
Posted: Sat Jul 23, 2016 11:26 pm
by noajthan
Another case involving impending divorce (amongst other things):
http://www.immigrationboards.com/eea-ro ... e#p1378330
Re: Divorce while applying for permanent residence
Posted: Sun Jul 24, 2016 12:20 am
by member
Did you send any proof of her ID with your application?
How did she exercise her treaty rights in the UK before you made the application?
Re: Divorce while applying for permanent residence
Posted: Tue Jul 26, 2016 7:12 pm
by djabea
member wrote:Did you send any proof of her ID with your application?
How did she exercise her treaty rights in the UK before you made the application?
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.
Re: Divorce while applying for permanent residence
Posted: Tue Jul 26, 2016 8:29 pm
by noajthan
djabea wrote:
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.
There are ways and means for HO, at your insistence, to verify an estranged spouse's credentials.
Suggest contact HO to make clear you are not withdrawing your application.
Re: Divorce while applying for permanent residence
Posted: Tue Jul 26, 2016 8:45 pm
by djabea
noajthan wrote:djabea wrote:
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.
There are ways and means for HO, at your insistence, to verify an estranged spouse's credentials.
Suggest contact HO to make clear you are not withdrawing your application.
She contacted them and she said that there's a domestic violence wish it's a lie. She run away with my daughter. They can do invasigation if they want cz she didn't find a credibility grounds to destroy my life. What I need to tell HO now?
Re: Divorce while applying for permanent residence
Posted: Wed Jul 27, 2016 6:19 am
by Carling40
Hi
You are still married while your divorce is ongoing, divorce is traumatic enough without the residence issues attached so I know how you feel. I would suggest all you need to do is follow advice from Noajthan and ensure your application is not withdrawn and see what happens. A material change you need to inform the HO about would only be when a decree absolute has been issued, touch wood the application would be complete before decree absolute is issued. By the way there are consequences for lying if your ex thinks that's the way to go. Always best to stay as civil as possible.
Re: Divorce while applying for permanent residence
Posted: Wed Jul 27, 2016 7:49 am
by member
djabea wrote:She contacted them and she said that there's a domestic violence
Did she lodge a police report about incident as well?
Don't know whether it concerns you? ----->
https://www.gov.uk/visas-when-you-separ ... ome-office
Re: Divorce while applying for permanent residence
Posted: Wed Jul 27, 2016 8:07 am
by djabea
Nop she contacted HO the 20th and she moved the 22nd even she signed the new tenancy agreement.