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where do i go from here?
Posted: Fri Aug 13, 2010 9:29 pm
by sultry
hello everyone..i would really need a lo of help here. this is my history
2007 april -met and married eu member in africa
2007 april -came to uk with spouse and applied for residence card
2008 sept-got residence card
now my husband and i have discussed divorce because its not working anymore. both of us have been working since then. where do i start from? please help
Re: where do i go from here?
Posted: Fri Aug 13, 2010 9:34 pm
by Wanderer
sultry wrote:hello everyone..i would really need a lo of help here. this is my history
2007 april -met and married eu member in africa
2007 april -came to uk with spouse and applied for residence card
2008 sept-got residence card
now my husband and i have discussed divorce because its not working anymore. both of us have been working since then. where do i start from? please help
Three years of marriage, one in UK and the co-operation of the EEA member wrt to proof of exercising a treaty right, tho the rapidity of the marriage and divorce might start he 'marriage of convenience' senses tingling in the UKBA...
Re: where do i go from here?
Posted: Fri Aug 13, 2010 9:45 pm
by sultry
Wanderer wrote:sultry wrote:hello everyone..i would really need a lo of help here. this is my history
2007 april -met and married eu member in africa
2007 april -came to uk with spouse and applied for residence card
2008 sept-got residence card
now my husband and i have discussed divorce because its not working anymore. both of us have been working since then. where do i start from? please help
Three years of marriage, one in UK and the co-operation of the EEA member wrt to proof of exercising a treaty right, tho the rapidity of the marriage and divorce might start he 'marriage of convenience' senses tingling in the UKBA...
you are right but my case is different i and my husband are discussing divorce because we both want different things now. and it has never been a marriage of convinience remember we got married in africa
Posted: Sat Aug 14, 2010 6:22 pm
by koded
Does it really matter where both of you got married. If you divorce now. that marriage may be term as "sham marriage". And Of course, UKBA, may cancel your visa/residence card and ask you to go back to Africa. So if that is ok, then you can go for divorce.
Posted: Sat Aug 14, 2010 7:13 pm
by Obie
koded wrote:Does it really matter where both of you got married. If you divorce now. that marriage may be term as "sham marriage". And Of course, UKBA, may cancel your visa/residence card and ask you to go back to Africa. So if that is ok, then you can go for divorce.
Can you kindly clarify this for my benefit and that of the OP, if i may ask.
Such sweeping conclusions and statements, don't seem to find any basis in law or reality.
Posted: Sat Aug 14, 2010 8:17 pm
by Wanderer
Obie wrote:koded wrote:Does it really matter where both of you got married. If you divorce now. that marriage may be term as "sham marriage". And Of course, UKBA, may cancel your visa/residence card and ask you to go back to Africa. So if that is ok, then you can go for divorce.
Can you kindly clarify this for my benefit and that of the OP, if i may ask.
Such sweeping conclusions and statements, don't seem to find any basis in law or reality.
Err, because the OP met and married an EEA citizen in one month and divorced in exactly the same timelines so as to retain residency...
Not saying the OP's intentions are dishonourable but to use the UKBA phrase, 'on the balance of probabilities....'
Posted: Sun Aug 15, 2010 1:59 pm
by koded
Obie wrote:koded wrote:Does it really matter where both of you got married. If you divorce now. that marriage may be term as "sham marriage". And Of course, UKBA, may cancel your visa/residence card and ask you to go back to Africa. So if that is ok, then you can go for divorce.
Can you kindly clarify this for my benefit and that of the OP, if i may ask.
Such sweeping conclusions and statements, don't seem to find any basis in law or reality.
If you read my statement very well you should note that I used the word "May". which shouldn't be used as conclusion.
Having say that, it is in the eu Directive 2004/38 that marriages suspected to be that of marriage of convenience is not covered in the regulation and therefore residence card may be cancelled on proof of that.
So I am saying in their situation, it has been long time since they married and the Op didnt mention if they have a child together. And with this I think UK immigration may consider the marriage as that of convenience.
Also, because the OP mention that their marriage was performed in Africa and I said that will not be an excuse.
To arque further, the OP came to Uk based on the fact that she was married to EU national and after a short time the marriage crash. Dont you think that immigration official may want her to leave the country if the case is brought before them?
so my point is clear here.
Posted: Sun Aug 15, 2010 9:00 pm
by sultry
koded wrote:Obie wrote:koded wrote:Does it really matter where both of you got married. If you divorce now. that marriage may be term as "sham marriage". And Of course, UKBA, may cancel your visa/residence card and ask you to go back to Africa. So if that is ok, then you can go for divorce.
Can you kindly clarify this for my benefit and that of the OP, if i may ask.
Such sweeping conclusions and statements, don't seem to find any basis in law or reality.
If you read my statement very well you should note that I used the word "May". which shouldn't be used as conclusion.
Having say that, it is in the eu Directive 2004/38 that marriages suspected to be that of marriage of convenience is not covered in the regulation and therefore residence card may be cancelled on proof of that.
So I am saying in their situation, it has been long time since they married and the Op didnt mention if they have a child together. And with this I think UK immigration may consider the marriage as that of convenience.
Also, because the OP mention that their marriage was performed in Africa and I said that will not be an excuse.
To arque further, the OP came to Uk based on the fact that she was married to EU national and after a short time the marriage crash. Dont you think that immigration official may want her to leave the country if the case is brought before them?
so my point is clear here.
koded just because there is a wave of sham marriages taking place does not make mine a marriage of convienence.before i was issued RC i went for interview at liverpool with hubby and we were questioned for 4 hours by our case worker. i am only seeking divorce becuz my marriage is not working out. i am only asking for advice on how to go about it. if att d end of the the HO ask me to go back to my country, then i will go rather than staying in a marriage that is not working
Posted: Mon Aug 16, 2010 11:58 am
by koded
@sultry, I am not saying your marriage is that of convenience but that is how HO may look at it. and to be honest with you this is why some people application from Africa and Asia are delayed. Even those who has genuine reason will suffer for all those consequences.
There is no marriage without problem. and I think it will be better to sort for solution as regard to your marriage rather than seeking for divorce. Execpt when your life is in danger. There are marriage councillors who can give advise on how to keep your marriage.
Also I will be honest with you this is what HO may look at when the case is brought before them. Have you exhausted every possible means to keep your marriage?
of course everything depends on what you what and as you said we are in this forum to help each other.