Divorce proceeding and Non-EU family member status

[Miracle need]

Hello forum,

During the divorce process which usually on average take about 4-5 months in now a days, whether the non-eu national is still considered the family member of EU national until divorce absolute (end point) issued or this status (family member of EU national) ceases once the divorce process starts.

[askmeplz82]

decree finalised

[Miracle need]

decree finalised

till decree nisi or decree obsolute

[askmeplz82]

decree obsolute

[Miracle need]

Thanks askmeplz and other readers. Furthermore, whether an informal separation (where no legal proceeding), both partners not live at same address can cease the status of family member of EU national or living under same roof/address is not must requirement for keeping alive the status of family member of eu national?

[askmeplz82]

The only time the marriage breaks down is when Decree Absolute is issued. Please note you are still very much married after Decree Nisi. Under EU law Husband/wife don't need to live in the same house. They can live separate but to be on the safe side at least 1 year minimum together after marriage is good so UKBA don't suspect it's sham marriage

[Miracle need]

Thanks askmeplz and other readers.
I am uk graduate with university degrees and life in uk test passed.
I only need few months which are almost same as the divorce finalization time to complete 10 years legal residence for indefinite leave and since married with EU national (2 years) i am paying private medical insurance till today covering both of us and i have all previous banks statements to show self sufficiency but about upcoming months bank statements i may not get or maybe get few online bank statement version.
Question:
Do you think that divorce time till getting decree obsolete will be counted in 10 years because i will still be the family member of EU national?

[askmeplz82]

Thanks askmeplz and other readers.
I am uk graduate with university degrees and life in uk test passed.
I only need few months which are almost same as the divorce finalization time to complete 10 years legal residence for indefinite leave and since married with EU national (2 years) i am paying private medical insurance till today covering both of us and i have all previous banks statements to show self sufficiency but about upcoming months bank statements i may not get or maybe get few online bank statement version.
Question:
Do you think that divorce time till getting decree obsolete will be counted in 10 years because i will still be the family member of EU national?

YES 10 yrs legal resident but you still need to provide EEA NATIONAL exercise treaty right from your marriage date or the date your old visa expired UP UNTIL 10 yrs complete

[Miracle need]

@askmeplease, yes i have all previous banks statements to show self sufficiency from the date when my UK points based visa expired and even from the date of wedding because my UK points based visa expired after 10 months of wedding. And from wedding day till now i am paying private medical insurance but i may not get the original bank statements in upcoming months or maybe i get online version. Then under this sense do you think my case has some potential and energy.

[Miracle need]

Another question that is there requirement by law that who should actually buy/pay the private medical insurance or anyone out of EU/non-eu partners can buy/pay for the other partner too.

[askmeplz82]

the Regulations do not specify where those resources must come from, but they
must have been legally derived. So, for example, an EEA national could
rely on financial support from their non-EEA spouse or civil partner.
If the non-EEA national’s only claim to be in the UK is as the family member of a self-sufficient
person, and the self-sufficient EEA national only has sufficient resources
due to the earnings of their non-EEA family member, and that family member
does not otherwise have a right to reside or leave to remain in the UK,
this would not meet the requirement

As you already have right to reside you will be fine

Right to reside: http://www.hmrc.gov.uk/manuals/cbtmanual/cbtm10070.htm

[Miracle need]

But how about if EU national always have end balance each month average £1000 from the 1st day of wedding till today and non-eu national each month transfer to EU national account average £250 as financial help and already paying for csi too, then it that fine? Accounts are not joint but eu national always have nearly £1000 end balance each month since past.

and yes in past EEA1 + EEA2 was issued with exactly same strategy as i told above of self sufficiency, then is that fine?

[askmeplz82]

that's fine

Who is your health insurance provider and how much you pay per month ?

[Miracle need]

Please all give me advise about my personal situation below:
last 5 months i am just begging EU national and passing time but now its seems impossible as EU national is saying me to leave this room which i am alone paying rent and landlord is fine with me. EU national now saying that her solicitor say that divorce not possible if live on same address which guess is incorrect. At the moment i am receiving the treaty rights evidence which i need because on same address but if i leave then will not get. She also say that if i leave then she may help and postpone divorce until i complete my qualifying time of few month more but insisting me to change my address immediate too.
now what should i do should i refuse to leave in that case she say that she will leave home and start divorce. Or i silently leave this room at her desire and redirect my address without changing. Please reply people over this that is that look some trick that EU national kicking me out of the room i am paying and lanlord has no problem or she will help me? Then why she saying that she will help me if i leave but change immediately my address. Give me replies please.

[UKBA HUNTER]

I am so sorry to listen you mate .
But according to my 6th sense and utmost thinking that after meeting with solicitor she afraid from the divorce cost and time involve because divorce can even start even living in same room but she not want to live with you. Maybe just she want a informal separation which can even favor you to complete remaining months. And remember that long residence 10 years application is under uk immigration act 1971 not directive 2004 although they accept its time in long residence. A lot people if you see ILR success section got ILR even without or incomplete treaty rights evidences, which seems caseworker not bother much in asking about evidences for a uk law based application. Just pass time and gather evidence as much and keep agree EU national instead landlord.

[Miracle need]

Thanks hunter for valuable answer.
askmeplz what's your input as you are in same boat with same timeline too. And others reader input welcome.

[Miracle need]

Moreover, is that correct that caseworker normally check 6 months treaty rights evidence of EU national per year or he follow entire year evidences.

[Universal soldier]

Moreover, is that correct that caseworker normally check 6 months treaty rights evidence of EU national per year or he follow entire year evidences.

As per my little knowledge ; apart of EEA2 application where recent treaty rights evidence requires but for other EU related applications i think 6 months treaty rights & residence per year should be suffice because EU national can be absent for six months each years and caseworker not care about absence as long as the 6 months of that particular year backed by 6 months treaty rights.
others like askmeplz, jambo, Obie correct me if is wrong.

[el patron]

If you can, stay where you are. If you can afford it seek legal advice on the divorce situation. If I were a matrimonial lawyer, I would suggest contesting the grounds of the divorce, thereby ensuring there is no rapid divorce hearing, this will of course incur you costs (x2) but may be worthwhile in the long-term.

[Miracle need]

Hi el patron,
My situation is that EU national ordered me to leave room otherwise she will leave and start divorce. And EU national also said that if i leave then she will help by not starting divorce now and i only need nearly 5 months to mark 10 years for indefinite. Landlord women is also EU national but i pay rent and she happy from me and not said anything at this time.
so i really not know should i leave room or wait until she talked with landlord or herself leave.
or can i make it in writing that she will not start divorce as she is promising now once i leave room? Can i make an affidavit for this purpose from her and then leave my room

[Miracle need]

Guys just an update. After EU partner ordered me to leave then the EU national landlord also ordered me same without considering my loyalty of paying rent. I said landlord that "my GOD is landlord, GOD is my solicitor and barrister, my GOD is court".
So today evening the actual owner of home came unsurprisingly and given notice to everyone to empty the home who living since past 3 years.
guys i really need few months to reach 10 years and just want divorce process be delayed which i think landlord and EU partner were planning which maybe little delay.
GOD bless everyone and keep this board alive.

[Miracle need]

Hi,
which EU/ukba legislation says that even non-eu national separate from EU partner and living different addresses continue to be EU national family member until divorce decree obsolute issue.

[fatimahh]

Hi sorry to hear of your situation. please note that landlord cannot just ask everyone to leave the house without following the legal procedure. i will advise you to seek help with the CAB in your area. Getting the landlord to follow the rules will help you buy few months let say 2-4 month as he will need to go to court to do so. then the divorce procedure can take up to 6months. By then you will have reach the ten years.

[Miracle need]

Actually i have no written tenancy agreement but all i am paying alone for rent and CSI medical insurance. EU landlord woman(who is not owner but sublet room to us) ordered me same as my EU partner ordered then i ask justice from GOD. And next day unexpectedly the actual owner came and give notice to everyone to empty whole home between 1-2 months including EU landlord woman and EU partner who 1 day before ordered me to leave. I cannot go court because my tenancy agreement is with landlord not owner which is only verbal. Maybe nature help me by this way to delay things as i already spent 5 months by begging and begging.
EU partner mother is very good who still send gifts from her country, so i have also written her letter with language translation for help, maybe it help

But i still cannot find any regulation which says that non-eu partner even after separation till divorce obsolute is deemed as family member of EU national. can anybody give me link of that regulation please.

[Universal soldier]

But i still cannot find any regulation which says that non-eu partner even after separation till divorce obsolute is deemed as family member of EU national. can anybody give me link of that regulation please.

Bro i cannot find the exact regulation but i found the judgement, which second paragraph can give reply at below. Maybe obie, vinny quote the exact regulation about it.

2. On 12 January 2013 the appellant applied for a permanent residence card as confirmation of a right to reside in the United Kingdom. She would be entitled to such a card, in accordance with Regulation 15(1)(b) of the Immigration (European Economic Area) Regulations 2006 if she could establish that she had been "a family member of an EEA national? who has resided in the United Kingdom with [that] EEA national in accordance with these Regulations for a continuous period of five years". Although by this time, the appellant and her husband had apparently separated, it is not now in dispute that at the time of this application, he was in the UK and the parties, although separated, had not finalised a divorce. Accordingly, if the appellant could show that there was a five year continuous period in which she had been living with her husband while he had been living in this country (in accordance with these Regulations) she would have acquired a right of permanent residence and thus would be entitled to a permanent residence card as confirmation of her right to reside in this country.

https://tribunalsdecisions.service.gov. ... 11126-2013