Domestic Abuse Case EEA Family Residence Card Holder - EU Spouse Left UK Intentionally

[rhearheys]

Hello All,

I need advice. I'm still on the process of applying EEA Family Residence Card that on September should be the 6th month, in which I expect to receive it. However, meanwhile my husband and I had really serious problems that we decided we can't be together anymore. So, he is planning to start the divorce papers after we received our documents back.

I am now working in London. My questions are:

1. Will I directly lost my rights to work once our divorce process finalised?

2. Is it true that divorce process would take up to 7 months?

3. If I'm working for a full license company, is it possible for me to switch to working visa when we're divorced? Or maybe while the divorce process is still on going?

I don't want to get divorce, but we're always fighting almost every time is not good for both of us either. So, we agreed that getting divorce is the best solution. I hope there is a way for me to keep my job as I have left my career back in my country when I decided to marrying my husband. I can't effort to lose my career again and have to start all over again.

Thank you.

[rhearheys]

Hello,

I don't feel comfortable to ask this but I do need an advice.

I am currently in the divorce process after experienced a very long-term domestic abuse, physically and emotionally.

I stayed for long before, because I thought things will change. He apologised, I was wrong, etc... But the fact that things never changed and my soon-to-be-ex-husband always threaten me that he will stop working or leave UK if I left, so I will lose my right to reside and work in the UK.

Long story short, since I gained my EEA Family Residence Card, my career gets much better and even better than him. This situation apparently makes our situation even worse. He's getting very lazy to work because I paid for everything. He said that he stressed and needed a long holiday, I paid for it because I thought he really needed it. However, I finally decided to leave him in December 2017, after he slapped me very hard and said proudly, "That's what I call a proper slap", that he did just because of a scratched pan. I had no choice, I can't take it anymore. I really didn't feel safe at home, so I left.

In mid April 2018, he contacted me again wanted to meet me. So we met in public place, and again he asked me back. I told him I can't. Then he said, if I don't want to go back with him, then he will leave the country. And if I wanted a divorce, I have to do it myself because he will not going to pay for anything, not even to split the fee.

I had to save some money aside for the divorce that took me few months. It really was a very stressful time for me. So I also went traveling while saving some money for the divorce.

Finally, I filed the divorce on 6th Aug 2018. On 27th Aug 2018, he received my divorce file and he texted me very mad angry. Since then I blocked him entirely. I really don't know where he is now, whether still in the UK or not. But what I know is that he has left his official job in December 2017, went for holiday for 2 months, then came back to UK working part-time got paid daily, then I think he really left UK after we met in April 2018.

My questions are:
1. How is my legal status in the UK now? I still live and work in here. I talked to a lawyer few months ago and advised me to stop contacting him and I have to file a divorce before he left/stop working. I can't file the divorce that time because I can't afford it. I filed a divorce 2 months after he left UK.

2. I'm going to travel outside UK next month to visit my family for 2 weeks. Will I be able to return to UK with my status? The divorce is not final yet, I haven't even received the completed acknowledgement of service, so I can't apply for decree nisi yet.

3. Does anyone have contact of affordable immigration lawyer for my case? I've contacted some but they quoted me very much! More than 2,000GBP!

Please advise. Thank you.

[CR001]

Hello All,

I need advice. I'm still on the process of applying EEA Family Residence Card that on September should be the 6th month, in which I expect to receive it. However, meanwhile my husband and I had really serious problems that we decided we can't be together anymore. So, he is planning to start the divorce papers after we received our documents back.

I am now working in London. My questions are:

1. Will I directly lost my rights to work once our divorce process finalised? When the divorce decree absolute is granted OR your EU spouse leaves the UK and stops being a qualified person.

2. Is it true that divorce process would take up to 7 months? Yes, sometimes longer.

3. If I'm working for a full license company, is it possible for me to switch to working visa when we're divorced? Or maybe while the divorce process is still on going? You could but you have to apply from outside the UK as far as I understand.

[CR001]

My questions are:
1. How is my legal status in the UK now? I still live and work in here. I talked to a lawyer few months ago and advised me to stop contacting him and I have to file a divorce before he left/stop working. I can't file the divorce that time because I can't afford it. I filed a divorce 2 months after he left UK. If your EU spouse has left the UK and no longer exercising treaty rights, your status likely no longer continues.

2. I'm going to travel outside UK next month to visit my family for 2 weeks. Will I be able to return to UK with my status? The divorce is not final yet, I haven't even received the completed acknowledgement of service, so I can't apply for decree nisi yet. A divorce can take many months. It might be risky to travel.

3. Does anyone have contact of affordable immigration lawyer for my case? I've contacted some but they quoted me very much! More than 2,000GBP! Members are NOT permitted to post names and details of solicitors or immigration advisors on the forum.

Please advise. Thank you.

[secret.simon]

I filed the divorce on 6th Aug 2018. On 27th Aug 2018, he received my divorce file and he texted me very mad angry. Since then I blocked him entirely. I really don't know where he is now, whether still in the UK or not. But what I know is that he has left his official job in December 2017, went for holiday for 2 months, then came back to UK working part-time got paid daily, then I think he really left UK after we met in April 2018.

As your EEA citizen spouse has been outside the UK for six months, I believe that you may already have lost the right to reside in the UK.

The CJEU has ruled that if the EEA citizen spouse leaves the UK before the commencement of divorce proceedings, the non-EEA citizen spouse does not retain the right to reside after divorce.

On those grounds, the Court (First Chamber) hereby rules:
1. Article 13(2)(c) of Directive 2004/38/EC... must be interpreted as meaning that a third-country national, who is divorced from a Union citizen at whose hands she has been the victim of domestic violence during the marriage, cannot rely on the retention of her right of residence in the host Member State, on the basis of that provision, where the commencement of divorce proceedings post-dates the departure of the Union citizen spouse from that Member State.

Also see Domestic violence and free movement of EU citizens: a shameful CJEU ruling.

If your company can hire you under a Tier 2 work visa, I would suggest that you urgently look at that route.

[rhearheys]

Hello,

Thank you for your response.

As your EEA citizen spouse has been outside the UK for six months, I believe that you may already have lost the right to reside in the UK. -> I have just rechecked again and apparently he left by end May 2017. I wasn't sure that he really is moving because before that we went for 2 months holiday then came back. Now, according to his sister, he is still in France but still not working. So, no one knows whether he will really move there or come back here. In regards to that, is 6 months counted from the last time he left UK? So if he left by end of May 2018, it means he will be considered have left the UK by end of November 2018? Is that correct?

[secret.simon]

I would count the six months starting from the time he ceased to exercise treaty rights in the UK.

His right to reside in the UK (and consequently you right to reside in the UK, which is dependent on his) is based on his exercising treaty rights. If he ceased working in say March 2018 and left the UK in May 2018, I would say that his right to reside would have come to an end in March 2018.

In any case, you will not be eligible for RoR as per the ECJ judgment.