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Hi there,

My collegeau and dear friend is from st. croix (caribbean) and is in the UK for over 10 yrs. now. She has 2 kids with both a british pp. Their dad and my friend separated and they are not on speaking terms anymore. She met another man (portugese) who she eventually married. This year she wants to apply for her ILR.

The problem however is this. Her husband is from Portuguese and Angolan decent and he left her for over 2 years now! She does not know where he is. They had relationship problems and she believes he either went back to Portugal or Angola. There has not been any contact from him over 2 yrs now and she does not know what to do. Her solicitor tells her that her only option would be is to divorce the guy. However if he is not to be found how could she get her divorce in the UK and fight for herself? The husband is not there to sign the divorce papers. They married in London in a registry office at the time.

Would anyone have any advice? I hope I can help her out. Thank you.

Apologies, but I am a bit lost in trying to understand the query!

What is your friend's current immigration status in the UK?
Under which immigration category does she want to apply for settlement?

Sorry i should clarify a bit. She is married to a man with portugese nationality. She has a 5 yrs EU family residence permit

sushdmehta wrote:Under which immigration category does she want to apply for settlement?

I assume the answer to the question to be: - as a family member of an EEA citizen (under EEA regulations).

yes that's right. Should have read more carefully!

Moving topic to the appropriate forum.

Thank you

Would you have any advice sushmehta?

Premo wrote:Hi there,

My collegeau and dear friend is from st. croix (caribbean) and is in the UK for over 10 yrs. now. She has 2 kids with both a british pp. Their dad and my friend separated and they are not on speaking terms anymore. She met another man (portugese) who she eventually married. This year she wants to apply for her ILR.

The problem however is this. Her husband is from Portuguese and Angolan decent and he left her for over 2 years now! She does not know where he is. They had relationship problems and she believes he either went back to Portugal or Angola. There has not been any contact from him over 2 yrs now and she does not know what to do. Her solicitor tells her that her only option would be is to divorce the guy. However if he is not to be found how could she get her divorce in the UK and fight for herself? The husband is not there to sign the divorce papers. They married in London in a registry office at the time.

Would anyone have any advice? I hope I can help her out. Thank you.

if you want advice you need to be a lot clearer. if may be easier if your friend posts herself.

You seem to be asking about how she can divorce her husband if he can't be traced. this is not an immigration matter, but a family law matter, given that she apparently has a solicitor advising her on this matter, I would suggest she speaks to the solicitor again.

With regards to her immigration issue:

When did she marry her portuguese husband?
What was he doing in the UK to exercise his treaty rights?
When was her residence card issued?
When did he leave the UK?
On what basis was your friend in the UK before she married her Portguese husband?

Hi Greenie,

Thanks. As my friend is quite stressed at the moment she asked me to seek for some advice. Regarding her immigrations issue i asked her to be very clear with me otherwise i cant help.

Turns out that her kids were born in the UK but they don't have a passport. She wants to apply for theirs soon.

When did she marry her portuguese husband? december 2006

What was he doing in the UK to exercise his treaty rights? fulltime employee in construction and renting a house and supporting her and the kids

When was her residence card issued? august 2007

When did he leave the UK? november 2009

On what basis was your friend in the UK before she married her Portguese husband? her moms lives in the UK as UK citizen. My friend came to UK on a 'family member dependant visa'

In addition:

She is renting on her own supporting 2 kids and working part time. She some financial difficulties. She wanted to apply for housing benefit but sollicitor told her not to do this because it might affect her ILR...

Premo wrote:Hi Greenie,

Thanks. As my friend is quite stressed at the moment she asked me to seek for some advice. Regarding her immigrations issue i asked her to be very clear with me otherwise i cant help.

Turns out that her kids were born in the UK but they don't have a passport. She wants to apply for theirs soon.

When did she marry her portuguese husband? december 2006

What was he doing in the UK to exercise his treaty rights? fulltime employee in construction and renting a house and supporting her and the kids

When was her residence card issued? august 2007

When did he leave the UK? november 2009

On what basis was your friend in the UK before she married her Portguese husband? her moms lives in the UK as UK citizen. My friend came to UK on a 'family member dependant visa'

OK - so what is the national of the children's father. what was her immigation status in the UK when the children were born?

What age was she when she came to the UK? For how long was she issued her visa to join her mother? Is her mother definitely a British Citizen? If so how did her mother obtain British Citizenship.

OK - so what is the national of the children's father.
- he is from antigua. he lives there now

what was her immigation status in the UK when the children were born?
Still on a family member dependant visa

What age was she when she came to the UK?
- 17

For how long was she issued her visa to join her mother? she does not really know. Never questioned it.

Is her mother definitely a British Citizen?

- yes

If so how did her mother obtain British Citizenship.

- through naturalization

Premo wrote:In addition:

She is renting on her own supporting 2 kids and working part time. She some financial difficulties. She wanted to apply for housing benefit but sollicitor told her not to do this because it might affect her ILR...

family solicitor or immigration solicitor?

I think she is really better of seeking advice herself, from an immigration solicitor, this matter is quite complex and she needs to make sure she gets good advice.

Premo wrote: For how long was she issued her visa to join her mother? she does not really know. Never questioned it.

she really does need to know about her immigration history. Does she still have her passport? when was she issued this visa? when did she first come to the UK?

it's an immigration sollicitor.

She came to the UK in 2001. To be honest there was a slight gap (overstayed) in between the period she had a family dependant visa (throught the mom) and from the time her husband apllied voor EEA2 and they got married.

Regarding her PP. She has it. It's valid and it has a family residence stamp in it

Premo wrote:it's an immigration sollicitor.

She came to the UK in 2001. To be honest there was a slight gap (overstayed) in between the period she had a family dependant visa (throught the mom) and from the time her husband apllied voor EEA2 and they got married.

Ok so she does know when the visa expired then!

Premo wrote:it's an immigration sollicitor.

if she already has an immigration solicitor it really would be easier if she seeks advice from her solicitor.

Hi Greenie,

Thank you. She did speak to him already and his advice for now is that she should divorce the husband. But how in her situation, the husband is not to be found? Sollicitor cant give her a good solution. I believe that he is not sure what to do in her situation...

Premo wrote:Hi Greenie,

Thank you. She did speak to him already and his advice for now is that she should divorce the husband. But how in her situation, the husband is not to be found? Sollicitor cant give her a good solution. I believe that he is not sure what to do in her situation...

she needs to get a family solicitor for the divorce matter as already advised

Hi Greenie,

Thanks. Will advice her of that.

Once divorced what would be her best option?

1. Apply for ILR because:
- she was married over 3 yrs
- lived at least 1 yr in UK
- Works and can provide for herself

(evidence for marriage term will be hard to get)

2. Apply for PR: can she still take this EU route as former EU spouse?

3. Apply for PR under rule: ‘exercising rights of access to a child resident in the UK’ She has 2 kids born in the UK.

I believe no. 3 is her best option do you think?