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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
What should the EEA National do?Obie wrote:It is difficult to see how a retention of right of residence can be secured in the circumstance mentioned above.
I am writing on behalf of the EEA National; therefore the EEA National.Obie wrote:Who are you ? if i may ask, are you the EEA national or Non-EEA?
I am not good at answering hypothetical questions.
However i can only say any debt incurred in the non-EEA nationals name will not affect EEA national, and yes, if the EEA national has left and deregistered,then the spouse has not got a right to reside under EU law.
Interesting, please ellaborate.EUsmileWEallsmile wrote:This is an interesting angle, but presupposes that the EU national returns to their home country having exercised treaty rights in the UK.Obie wrote:The non EEA national can go and live in her country under singh.
In general an EU national who exercises treaty rights in one EU country can later use European law to return with spouse to their home country. This is known as a Singh route.Saint_DC wrote:Interesting, please ellaborate.EUsmileWEallsmile wrote:This is an interesting angle, but presupposes that the EU national returns to their home country having exercised treaty rights in the UK.Obie wrote:The non EEA national can go and live in her country under singh.
What impact does it have wether she exercises treaty rights or not?
Could I consider it, that if she exercised treaty rights in the UK, he may leave the UK and live in the EU elsewhere and then a divorse would not impact his ability to reside anywhere in the EU?
Was the marriage genuine? If not, the non-EU national would have no basis to remain in the UK.Saint_DC wrote: 1.a) EEA National left UK within 1st year of marrige (EEA NAtional left UK 1 month after marrige) with a non EEA national