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Ex wife (eea) threatening to report me to ho (non-eea with pr)

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Vuur5
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Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Vuur5 » Wed Oct 04, 2017 8:37 pm

A non-EEA national married an EEA national December, 2011.

She took his surname, lived together since November 2011, bought a house on a mortgage together August 2013. Lived there, then bought another flat together in August 2014, lived there.

June 2015 a non-EEA husband diagnosed with cancer, she started cheating. March 2016 he moved out of a family home and has since lived with friends, traveled, he had no energy to file for divorce after illness, do all the paperwork.

she stayed in their flat and didn’t initiate the divorce either. December 2016 she applied for permanent residence for both of them. June 2017 permanent residence granted for both. September 2017 she texts him saying she is pregnant from someone else, so he initiates a divorce. She rents out the family home without his consent, so he opposes it. At which stage his mother in law threatens she will notify the HO that he is illegal.

What is he to do? How shall he prove he did his best?

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Casa
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Re: Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Casa » Wed Oct 04, 2017 8:55 pm

How can he be in the UK illegally if he was granted PR and is therefore no longer under Immigration control :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Vuur5
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Re: Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Vuur5 » Wed Oct 04, 2017 9:06 pm

Can't HO revoke their decision if his ex will start claiming it was a marriage of convenience? Don't know what to expect from her or rather from her mother when the flat is at stake...

Richard W
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Re: Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Richard W » Wed Oct 04, 2017 9:29 pm

Vuur5 wrote:
Wed Oct 04, 2017 9:06 pm
Can't HO revoke their decision if his ex will start claiming it was a marriage of convenience? Don't know what to expect from her or rather from her mother when the flat is at stake...
But then she would herself be liable to removal under Schedule 1 Paragraph 6(a).

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Re: Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Obie » Wed Oct 04, 2017 10:30 pm

Richard W wrote:
Wed Oct 04, 2017 9:29 pm
Vuur5 wrote:
Wed Oct 04, 2017 9:06 pm
Can't HO revoke their decision if his ex will start claiming it was a marriage of convenience? Don't know what to expect from her or rather from her mother when the flat is at stake...
But then she would herself be liable to removal under Schedule 1 Paragraph 6(a).
How?
Smooth seas do not make skilful sailors

Richard W
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Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Ex wife (eea) threatening to report me to ho (non-eea with pr)

Post by Richard W » Wed Oct 04, 2017 11:39 pm

The daughter would have been at risk because the daughter would have abused the regulations by entering a marriage of convenience. This is a 'clarification' of a threat that has existed for some time, not a new offence. We have a German member and former UK resident who was recently refused re-entry to the UK for trying to marry her lover so that he could stay in the UK. (She made the mistake of going abroad while appealing against her removal.) You reported the case of a Slovak permanent resident who was facing removal under similar circumstances.

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