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Residence after divorce

Posted: Tue Nov 08, 2011 11:01 pm
by Cloe
Hi all,

My boyfriend is applying for residence in UK after divorce. He was married to an Italian. He is waiting for the decree absolute to present the documents he need to handle for the application. He has been married for 3 years and comply with requirements. The problem comes because some of the documents of her ex-wife's like her passport, residence card and employment status and he has no way to get them as she doesn't want to have any contact at all. She refuse calls and mail.

What can we do in this situation? It is possible to get them through other way? How important is that they are presented? What are the probabilities of he not having the residence because of this and has to come back to his country?

He has been living in London for 3 years and never stopped working since came.

I hope you can help with this nightmare

Many thanks

Posted: Wed Nov 09, 2011 1:49 am
by Obie
Yes it is important that these documents are provided.

Failure to provide evidence showing that the EEA national was exercising treaty right prior to the decree absolute being granted, could result in an unsuccesful application.

Your partner cannot do much until after the decree absolute has been granted.

After which he will need to apply for a new residence as a person who has retained rights of residence. If application is refused then he will have to go to the tribunal, which has power to summon the EEA spouse or perhaps ask UKBA to provide, if the can, tax records of the EEA national if one is available.