lawyer giving wrong advice?

[bebe2]

hi everyone
i just thought i let people know that some solicitor are giving wrong advice. i have been married to an eu natonal for 4.4 yrs we recently split up two mths and my pr is due in nov, i spoke to my solicitor who saidit was okay i didnt have to divorce him and i would still get my ppr. i thought i get a second opinion and have discovered to my horror that i must get a divorce to qualify and its running a bit late now. its still puzzling me.

[jei2]

bebe2,

Why are you so sure about the advice given by your second opinion?

Your lawyer is correct; you remain a family member of your EEA spouse until you are divorced - in effect until the decree nisi is issued.

Once the decree nisi comes through it becomes much more difficult to gain leave unless you have children together and you are the main carer.

Who was your second adviser?

[bebe2]

my first was advice was from procol and candor , my second is from global immigration i have spoken to two different lawyer and they said to get a divorce to qualify and i i dont and he lives the uk my rights are gone. even some one from this forum told me same thing.
please help me understand this as it is giving me sleepless night.

[John]

bebe2, how amicable is the split? Will your spouse co-operate in you getting your PR if the divorce is not finalised in time?

JE2, the decree nisi does not end the marriage. The Decree Absolute does that. But I agree, to say the the first advice bebe2 received was wrong, is not correct.

Accordingly bebe2, I am going to add a question mark at the end of the title of this topic. And also remove the word "Beware".

[bebe2]

my husband will not help in the process as he has told a friend on the that he will punish me and make sure i am thrown back to where ever i came from.
i also think he did all this on purpose knowing the pr was almost due , bcos we have had worser arquement and he never moved out of thre house.

so, why is a reputable firm like procol and candor giving wrong advice . i was practically told not to initiate divorce.

[jei2]

JE2, the decree nisi does not end the marriage. The Decree Absolute does that. But I agree, to say the the first advice bebe2 received was wrong, is not correct.

Thanks John, yes, that's the one I meant. All down to previous and repressed wishful thinking on my part....

[bebe2]

still confused. doent the ukba guidelines state that before the initiation of termination if the eea national leaves the uk then the non eea can retain their residence.