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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
How long have you been married and lived together? does he has all the documents or you have? what visa is he holing now? it's not that easy it sounds!! homeoffice gives visa out based on some requirements and need some to take the visa back. you can't just make rules up as you want, not every relationship last forever.Bandana wrote:Is it really that simple?
Thanks you for answering me.
To add to my first mail here, I didnt inform the authorities for our separation, nor did he. Does it matter in this case?
Why you are worried?Bandana wrote:Is it really that simple?
Thanks you for answering me.
To add to my first mail here, I didnt inform the authorities for our separation, nor did he. Does it matter in this case?
Yes you can withdraw your sponcer by writing to home office with the reasons.Bandana wrote:4 years married 2 separeted. He has his passport and our marriage licence. I have my passport and payslips. I can't remember the exact type of visa, but it is a EEA Family permit for 5 years. Does that help?
By law under EEA regulation rules, as long as you are married for 3 years or more and you have lived together in UK for at least 1 year, then you can separate or divorce and he obtains his rights, in other words you can't cancel his visa neither deport him!! he can obtain ROR but after that visa finished, it will be hard for him to get permanent visa, as he needs your papers for EXERCISING TREATY RIGHT and your passport.Bandana wrote:4 years married 2 separeted. He has his passport and our marriage licence. I have my passport and payslips. I can't remember the exact type of visa, but it is a EEA Family permit for 5 years. Does that help?
That explains the reluctance for divorce. Now that the year has passed I think he has been more willing to file a divorce. Bastard!spike_UK wrote: By law under EEA regulation rules, as long as you are married for 3 years or more and you have lived together in UK for at least 1 year, then you can separate or divorce and he obtains his rights, in other words you can't cancel his visa neither deport him!!
It can be reported anonymously, if they ask I tell them honestly that he has no intention to divorce, but has no intention to live with me either. I can tell them I didn't know it was my responsiblity too to report of changed circumstances.Obie wrote:
If you allege the marriage was a sham, you may be required to explain you culpibility in all of it.
You got it right!!! he hold you back for 3 years and now there is no reason for him not to divorce you. I'm sorry to hear what he used you for but you have to let it go.Bandana wrote:That explains the reluctance for divorce. Now that the year has passed I think he has been more willing to file a divorce. Bastard!spike_UK wrote: By law under EEA regulation rules, as long as you are married for 3 years or more and you have lived together in UK for at least 1 year, then you can separate or divorce and he obtains his rights, in other words you can't cancel his visa neither deport him!!
After 5 years of his visa finished, he has to leave the country I believe.Bandana wrote:What are his option for a visa if I refuse to give the documents he needs?
Yes it will help, if you are so desperate to catch him down!! then yes just call homeoffice or write to them and explain everything but not in the way of panishment because he left you!! do the way as he has been unlawful and used a shamed marriage to get what he wants, good luck.Bandana wrote:Well he can apply for a work based one, right? Or find a loophole to apply for IRL without me. Or dupe another stupid woman...spike_UK wrote:After 5 years of his visa finished, he has to leave the country I believe.Bandana wrote:What are his option for a visa if I refuse to give the documents he needs?
Well if I just stopped working, claiming no benefits and told UKBA I am not exersising my treaty rights would that help at all?
If you are still unsure what to do,seek the advice of a solicitor..spike_UK wrote:Yes it will help, if you are so desperate to catch him down!! then yes just call homeoffice or write to them and explain everything but not in the way of panishment because he left you!! do the way as he has been unlawful and used a shamed marriage to get what he wants, good luck.Bandana wrote:Well he can apply for a work based one, right? Or find a loophole to apply for IRL without me. Or dupe another stupid woman...spike_UK wrote:After 5 years of his visa finished, he has to leave the country I believe.Bandana wrote:What are his option for a visa if I refuse to give the documents he needs?
Well if I just stopped working, claiming no benefits and told UKBA I am not exersising my treaty rights would that help at all?
If he does obtain ROR, after that he does not need anything from her anymore. You are wrong.spike_UK wrote: By law under EEA regulation rules, as long as you are married for 3 years or more and you have lived together in UK for at least 1 year, then you can separate or divorce and he obtains his rights, in other words you can't cancel his visa neither deport him!! he can obtain ROR but after that visa finished, it will be hard for him to get permanent visa, as he needs your papers for EXERCISING TREATY RIGHT and your passport.
Sorry he needs her paper for ROR not for PR.Nimitta wrote:If he does obtain ROR, after that he does not need anything from her anymore. You are wrong.spike_UK wrote: By law under EEA regulation rules, as long as you are married for 3 years or more and you have lived together in UK for at least 1 year, then you can separate or divorce and he obtains his rights, in other words you can't cancel his visa neither deport him!! he can obtain ROR but after that visa finished, it will be hard for him to get permanent visa, as he needs your papers for EXERCISING TREATY RIGHT and your passport.
The other day I went to a friend and he told me that he knows somebody who had obtained PR and had separated from his EEA spouse and then she reported him as a marriage of shame and use her for visa, the UKBA has cancelled his VISA!!Bandana wrote:4 years married 2 separeted. He has his passport and our marriage licence. I have my passport and payslips. I can't remember the exact type of visa, but it is a EEA Family permit for 5 years. Does that help?
He wanted a divorce in my EU country of origin days after he got the visa and then same happened with residence permit there. Then when we moved to UK, because I have relatives here, week after he got the Family permit, he wanted the divorce again. Changed his mind. I think he knows the law better and iss now playing games as he in no circumstance wants a divorce, but doesnt want a life with me. For me this sounds like planned sham, as we met in an online dating forum and got married after few months from meeting. I know I've been naive and blue-eyed but I was raised to believe in not giving up marriage, and he has been playing with my hopes and fears.
Well said...rachellynn1972 wrote:If a marriage is sham both the eea and the non eea are culprit, both will be arrested, the eea national is liable for arrest and can also be deported just like the non eea national. If a relationship brake down and you now want to claim it was a sham, then you also is a criminal for involving in commiting the crime. If i were the non eea national, i will arrest you for blackmail. You the eea will have to prove in the court that money was exchange and you the eea took the money for the sham marriage, then the eea is a criminal and liable for arrest and deportation too for knowing to circumvent uk immigration system. In sham marriage if proving the eea took money, both parties are liable for arrest and deportation, you cannot just say bcus a relationship do not work, i want him deported, its like saying i am the boss you are the slave. If your non eea is an eea can you i want him deported? I dont think so, many british to british relationship dont work. I will judge only on your comment but will like to hear your partner side. I am a british/eea, i have witness my hubby's friend eea wife treat her husband, no british man will take that nonsence from a woman. Many eea treat their non eea partner as shit bcus of the immigration system. My simple advice is, if you dont want him uk, if you leave uk under eu law he has to leave and this is under some circumstancies. Eu law do not make it compulsory he must live with you under the same roof. If he sham you for visa and you really love him, you can sham him to live with you under same roof. It takes two to tangle. Relationship is free off visa.
