EEA FP for a NON EU - without divorce paper

[gunesz]

Hi all,

I need some advice.

My husband is from TR and Im from EU. We would like to move back to UK ( I lived and worked there before) however my husband was married before to an IRL woman and has a son with her. We have one child now but the main problem is that my husband cannot obtain his divorce paper as the ex does not want to communicate with him. WE tried through a solicitor but she refused him too. They are separeated since 2009 and not in touch since then. She only said he has to pay 50.000EUR for child maitenance.

We dont know how to obtain the divorce paper. Tried all the courts and they said there is no evidenc of any divorce.


Is ther any chance despite of not having his divorce paper that he will be able to join me and our child in UK?

Thanks.

[Obie]

I must be extremely cautious in describing this man as your husband.

Why are the court saying there was no divorce?

Did you husband sign any paper in relation to divorce proceedings?

Was decree Nicee received?

if the courts are saying there was no divorce, then there probably was not one in the first place.

If there was a divorce, then a copy could be obtained from a registry office.

If there was not a divorce, then he may be able to qualify as an unmarried partner, however your married may be unlawful.

He may be able to qualify as a Parent of a child in the UK, provided the child has lived in the UK for 7 years, or is British.

[UKBA HUNTER]

I don't know the divorce procedure in that country but in uk in your described circumstances the divorce can be applied on the basis of 2 or 5 years separation basis and even she ignore the divorce communication then still the divorce can proceed. Try to ask the specialists in that country.

[Obie]

It is a good thing your posted. I read the IRL to mean ILR, so was thinking the marriage and divorce took place in the UK.

Assuming the IRL indicated Ireland, then they have a very complex divorce system.

Why can't you partner get a divorce from his country of origin?