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✎ EN Separation from eea after 5 yrs
    

Discussie in 'Immigration UK' gestart door pappy1, 18 dec 2007.

  1. pappy1

    pappy1 New Member

    Lid geworden:
    18 dec 2007
    Berichten:
    3
    Leuk Bevonden:
    0
    Stad:
    Bury
    Hello everyone, can any one advice me on what to do,

    I am a non EEA national and i married my wife in July 2002

    I received 5 years residence in august 2003

    i am due to get my PR in august 2008

    i was having a difficult time with my wife, and we have been married for 5 years, we are separated at the moment and she is planning to return back to her country.

    i have all the document that shows that we lived together for 5 yrs and she was working in uk for these periods. but she is refusing to divorce and she wont give me her passport, any advice on what i can do to put in application for a PR next year thanks
     
    #1 pappy1, 18 dec 2007
  2. thsths

    thsths Addicted member

    Lid geworden:
    27 apr 2007
    Berichten:
    239
    Leuk Bevonden:
    0
    Geslacht:
    Man
    Land:
    Verenigd Koninkrijk
    Nationaliteit:
    Duitse (DE)
    Taal:
    Deutsch, English
    Did you marry in the UK, or when did you come to the UK? You can apply for PR 5 years after you came to the UK for the first time as an EEA family member. The date of your residence card is of no significance. So you may already qualify for PR.

    That is a difficult situation. You qualify to retain your right of residence, but you have to be divorced to do so. If she leaves the UK while you are still married, at least technically you could lose your right of residence.

    So you should probably seek a divorce. Under UK law, a divorce sought by only one party requires 5 years of separation. Maybe you can get a divorce sooner in your home country - time to ask a lawyer.
     
    #2 thsths, 18 dec 2007
  3. pappy1

    pappy1 New Member

    Lid geworden:
    18 dec 2007
    Berichten:
    3
    Leuk Bevonden:
    0
    Stad:
    Bury
    Re EEC

    Thanks for your reply, i married my wife in the UK, and since we have lived together in the UK for 5 years, then our relationship broke up, however wot i want to know is that am i qualify without sending her passport, thanks
     
    #3 pappy1, 9 jan 2008
  4. brownbonno

    brownbonno Active Member

    Lid geworden:
    19 aug 2005
    Berichten:
    42
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    0
    Married in The UK 2002 July ?You have qualified for PR since July 2007.
    Making an application without your wife's cooperation maybe an issue.
    I suggest you seek the service of an Immigration adviser.
    Do you have any child from this marriage ?
     
    #4 brownbonno, 9 jan 2008
  5. pappy1

    pappy1 New Member

    Lid geworden:
    18 dec 2007
    Berichten:
    3
    Leuk Bevonden:
    0
    Stad:
    Bury
    eec issue

    sadly we do not have any children together as my wife couldnt have any but we were planning on adoption before we were separated. From wot i am thinking, if we havent divorced i can still be consider as a family member and besides my wife is moving back to N ireland as she is from Belfast, but she has an eec passport (irish passport). I have all the photocopies of her passport and even her BC. and i have the photocopies of the id card the home office gave her
    i just want to know if i should just go for the PR, given that we are not divorced yet and we have lived for over 5 yrs in uk
    thanks
     
    #5 pappy1, 9 jan 2008
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