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Words of Advice!

Posted: Wed Dec 16, 2020 8:15 pm
by sauhs
Hi Everyone

I'm posting on behalf of a friend. Her situation:
Wife got married to an EU national in 2018 from Spain. Husband was 'nice' to her. Husband came to the UK in 2019 and put in an EU Settlement application for Wife. Wife arrives in the UK beginning of 2020. Husband begins to change towards wife and wants to live with another Girlfriend in Spain. Husband leaves Wife and goes to Spain after living with Wife for only 2 months. Husband has not been in contact with Wife for the past 6 months. Wife has her Pre-Settled status and is still living with in-laws.

So with the current situation a Divorce is highly likely. What are the options for the 'Wife'? As she only has pre-settled status, how will she apply for settled status after 5 years without her husband's help. If they were to divorce, could she get sent back to where she came from i.e. deported? If she was to stay here and live with other family members, how would that work? How would she apply for settled status later on?

Re: Words of Advice!

Posted: Wed Dec 16, 2020 11:31 pm
by secret.simon
Are the in-laws EEA citizens themselves?

Re: Words of Advice!

Posted: Thu Dec 17, 2020 7:14 am
by sauhs
Yes the in-laws are EU citizens, some with settled some with pre-settled status, but they won't be willing to help with paperwork if any problems e.g. divorce

Re: Words of Advice!

Posted: Thu Dec 17, 2020 12:05 pm
by sauhs
Anyone?

Re: Words of Advice!

Posted: Thu Dec 17, 2020 8:33 pm
by Jamie's1000
It's a difficult situation as it is she hasn't covered with with the requirements for divorce situation that state must have lived together in uk 1year and 3years of marriage.

Re: Words of Advice!

Posted: Fri Dec 18, 2020 7:35 am
by sauhs
Yes, that is why I am slightly confused. She isnt eligible for retained rights of residence 🤔

Re: Words of Advice!

Posted: Fri Dec 18, 2020 7:40 am
by sauhs
But..isnt her case one of domestic violence. As even though there has been no physical abuse, he has mentally been affecting her..threatening her with divorce, trying to control her as in where she goes and who she sees, not talking to her for such a long time etc.

Re: Words of Advice!

Posted: Fri Dec 18, 2020 9:35 am
by THO
Where is domestic violence or controlling behaviour mentioned? Her husband just left and went to live with another woman.

The OP wants to know if there are any grounds she can stay, but since her marriage is ending so soon, her eligibility to remain in the UK, must have gone too?

Re: Words of Advice!

Posted: Fri Dec 18, 2020 11:18 am
by sauhs
No, he has been threatening her with divorce when he used to talk to her while he was here and wanted her to not meet/talk to certain people.
I just want to know if there is any way she can stay?