legal or illegal

[khayboub]

Hi and thanks for the hard work you guys are putting in order to make people happy and less confused.

I am a Saudi guy who is married to a Polish wife, I have a 5 years old son who was born in Poland. The 5 years EEA residence card I have been given and which was issued in UK is now expired a year ago, I couldn't renew it because the wife refused to provide the necessary documents due to some family issues, we are still together but like I said things haven't been great recently, I should note that I spent the first half of the 5 years in Europe and the rest in UK hence I'm not qualified to be granted a permanent residence in UK as I understand. I wonder if my stay in UK at the moment is consider illegal or not, also, what my options are given the circumstances ? If I divorce (the wife doesn't want to file for one) will things will be easy for me or will I be deported ? Do I have a leg to stand on ?'

I'm nor working as I am financially independent if that matters. I am looking forward to hearing from you as I feel like a mess. Thanks.

[silvanti_78]

Hi and thanks for the hard work you guys are putting in order to make people happy and less confused.

I am a Saudi guy who is married to a Polish wife, I have a 5 years old son who was born in Poland. The 5 years EEA residence card I have been given and which was issued in UK is now expired a year ago, I couldn't renew it because the wife refused to provide the necessary documents due to some family issues, we are still together but like I said things haven't been great recently, I should note that I spent the first half of the 5 years in Europe and the rest in UK hence I'm not qualified to be granted a permanent residence in UK as I understand. I wonder if my stay in UK at the moment is consider illegal or not, also, what my options are given the circumstances ? If I divorce (the wife doesn't want to file for one) will things will be easy for me or will I be deported ? Do I have a leg to stand on ?'

I'm nor working as I am financially independent if that matters. I am looking forward to hearing from you as I feel like a mess. Thanks.

Thats a tricky one.

I dont know whether you can name it legal or Illegal in this case.

I would consider legal advice in your case as these are special circumstances. Hopefully you can resolve this matter. Its really not my place to judge however if the wife to file for divorce then she should provide the needed paper work to sort out the expired residency.

Silvana

[Obie]

Is she working in the UK or self employed?

[khayboub]

Thanks for getting involved, yes she is working in UK.

[Obie]

And you reside together? And have proof of it? And you have proof of her employment?

The way I see it is this? You have a 5 year old child together and you life as a couple. By not assisting you, you risk getting into trouble with the authorities. It is either she want you to resolve your difficulties, or you consider divorce.

If you are removed, your contact with your child will essentially he undermined. I hope she is aware of this?

Technically you are not illegal, but under current climate, it helps to be able to have a confirmation of your status.

[khayboub]

Thanks Obie for the clarification, we are living together but not consistently, there were times when we went out separate ways but nothing official so far. She doesn't want divorce. I applied for a residence card renewal but was asked for documents my wife is not willing to provide. Thanks.

[Obie]

Home office are funny. The play all sorts of games.

They could hold you on the basis that you have no right of residence as you have not been able to provide proof of that.

If she cannot provide you assistance or unlikely to do so, then you really got to go for divorce and seek to retain you right in your capacity, whether or not she wants the divorce.

[357mag]

Diatta came to mind as I read this.
http://eur-lex.europa.eu/legal-content/ ... 1983CJ0267

But then the OP says residence ran out a year ago, so I'm not sure unless an application was submitted before it expired. Otherwise the OP could be on thin ice by being an illegal.

I'm just guessing but wouldn't filing for divorce mean a court proceeding is under way so the OP can't be removed until it's finished?

Think you need to pester the wife a bit more for the documents, divorce can take a very long time if she contests it.

[Obie]

The situation is not really about diatta, but whether the EU national is working or Self Employed and the OP can provide evidence to demonstrate she is. The principles in Diatta is settled.

[khayboub]

Like I said she is working in UK, the reason I was behind and didn't renew my residence is because the wife wasn't helpful when it comes to providing the necessary documents... She doesn't want divorce and is not willing to provide the necessary documents either! I don't know what to do and where to go from here.

[khayboub]

Obie, seeking to retain my rights in my capacity after divorce, is there such a thing ? What does it mean and how long it takes ? Thanks.

[Obie]

I accept you are a truthful person and have no reason to tell lies.

However UKVI do not accept that, they need to see physical proof. If you are divorced, then you have more better prospect and you can then make arrangement on your child.

However the court or UKVI will not makes searches on her employment history unless you are divorce.

With Brexit and the the rubbish going on in the UK. It is difficult to understand why she does not want to provide you the necessary document.

[Obie]

Obie, seeking to retain my rights in my capacity after divorce, is there such a thing ? What does it mean and how long it takes ? Thanks.

Yes there is such a thing, provide you were married for more than 3 year, or have a child together and a court has ruled you should have right of Access within the UK, and she was working at the time of divorce.

If those requirements are met, you will be able to retain your right exclusively in your own right.