EEA2 appeal... Wife Ditch me...Need help please

[Malik_sunny]

Hi Guys,

I'm Pakistani national. I came in UK in 2009 after completing MBA, i get post study work and now i have applied for EEA2...

My case is complicated and technical, Help will be highly appreciated...

I'm new to this forum and i'm in big trouble.
I married to Czech national girl last year and spent almost one year under one shelter together.I applied for EEA2 last year September (2013). Now she is blackmailing and threatening me after reunion with her ex boyfriend (She had domestic violence with her ex boyfriend as well and get court decision before my relationship). she kicked me out of the house and moved in new property with he ex boyfriend and now they are living together. she said, she will make fabricated grounds against me. My wife have one girl from her ex-boyfriend. now after one year, i realized that she used and ditched me. Even she been with me interview at Home office. But unfortunately, Home office is not satisfied with our interview with only 8 minor points but these points are very simple to clear and home office gave us right to appeal as well. now my visa also has been expired.

Now, i don't know...what to do?? shall i go for human rights, i'm not feeling secure with her anymore.
If i go for human right, is their any grounds who protect my right and let me live in UK with dignity? I'm really concerned and worried about my future...

[Wanderer]

Any reason you can't enjoy your Human Rights in Pakistan?

[Obie]

Well human right is extremely hard as you have been in the UK for a relatively short time.

Yes your case is really complex.

If you can prove that you were lawfully married and it was not marriage of convenience, then you will succeed even if you are living separately.

[Malik_sunny]

Hi Wanderer,

Thanks for you reply. what's about the time i spent in UK. I studied and worked hard but now at the end of day, somebody used me and deceived me and give me threats that she will not let me live in UK, where are my rights in UK? when i get married her, my family back Pakistan not happy with me and they will not accept me in this situation.

Hi Obie,

Thanks for your reply and advise. How can i prove that this was not marriage of convenience? I don't know how can i survive from this worst situation. she is blackmailing me...Are there any human rights who protect me in UK???

[UKBA HUNTER]

First of all remember that blackmailing is a crime and secondly keep in mind that such sort of incidences are occurring so frequently in now a days. Unfortunately except retaining right there is no solution of that or doing compromise with her or finding new honest EU national partner. Try your best to negotiate with her and even you living separately you are still EU national family member until the whole divorce proceedings are over and divorce you can keep on delaying if you not agree but it costs you much. If all solutions/negotiations efforts fail then finding new honest EU national partner is best option.

[Obie]

But now your difficulty is right of residence.

The UKBA says that you are not in a genuine relationship. You have to show that your relationship has been genuine.

If you can show that, and then the blackmailing and threats, then you will be fine until the marriage is officially dissolved.

[PaperPusher]

finding new honest EU national partner is best option

That sort of reads as if having an EU partner is just a means to an end............

[Miracle need]

You are not alone in this battle and those feelings of being kicked out of home are very terrible. Me too was about to kick out from my own room by landlord & eu partner even paying rent alone at right time. I asked justice from GOD and next day the actual owner of home given notice to everyone including eu partner and landlord who one day before arrogantly threat me to kick out me from my own room. That tragedy also reduced their arrogance. I am still struggling but Allah (GOD) invisibly helping me who is greatest lawyer/barrister than anyone and have more superior universal law than immigration act 1971 and directive 2004.

[el patron]

Hi Guys,

I'm Pakistani national. I came in UK in 2009 after completing MBA, i get post study work and now i have applied for EEA2...

My case is complicated and technical, Help will be highly appreciated...

I'm new to this forum and i'm in big trouble.
I married to Czech national girl last year and spent almost one year under one shelter together.I applied for EEA2 last year September (2013). Now she is blackmailing and threatening me after reunion with her ex boyfriend (She had domestic violence with her ex boyfriend as well and get court decision before my relationship). she kicked me out of the house and moved in new property with he ex boyfriend and now they are living together. she said, she will make fabricated grounds against me. My wife have one girl from her ex-boyfriend. now after one year, i realized that she used and ditched me. Even she been with me interview at Home office. But unfortunately, Home office is not satisfied with our interview with only 8 minor points but these points are very simple to clear and home office gave us right to appeal as well. now my visa also has been expired.

Now, i don't know...what to do?? shall i go for human rights, i'm not feeling secure with her anymore.
If i go for human right, is their any grounds who protect my right and let me live in UK with dignity? I'm really concerned and worried about my future...

Do you have any continued contact with your wife's daughter? You may well find that the child is a 'child of the family' if you treated her as such in particular, this would be relevant I believe for HR and applications under immigration rules if contact is evidenced by a contact order. Just some thoughts for you to consider. If you appeal the 'expired visa' is not relevant until your appeal rights have been exhausted.

[Malik_sunny]

Honestly, I don't know what should i do...are there any right in UK who can protect me from such unfair situation made by my partner???

Very confused...and it seems there are discrimination in human rights of people in UK but regions...

Like EU people have special rights and Asian people have no human right...There should be some rights for victims, doesn't matter where they from...

I'm Post graduate and can i apply for Student visa (Like studies for PHD) at this stage???

[UKBA HUNTER]

I am afraid you can't and that's the big flaw here in EU directive that you cannot switch back into uk pbs system once you switch into eu route from uk pbs system. Yes miraculously EU citizens have more rights till the closure of European union. Only solution is retaining right or finding new honest eu partner or after divorce apply uk pbs visa from back home.

[Wanderer]

It could be argued that some responsibility should be borne by the both parties when engaging in marriages that effect residencies, to ensure both parties ensure they chose a partner wisely and minimise the risk of situations like these.

So who pays the cost? Has to be somebody as it's not the UK's responsibility to grant residency on the grounds of an unsuitable choice of partner. Know people make mistakes but why should UK plc pick up the tab?

[UKBA HUNTER]

So who pays the cost? Has to be somebody as it's not the UK's responsibility to grant residency on the grounds of an unsuitable choice of partner. Know people make mistakes but why should UK plc pick up the tab?

how and who knows an unsuitable choice of partners where a marriage has been performed with the full consent and consciousness of both partners although human brain is chameleon? UK does not offer any residency under these circumstances unless there is a genuine domestic violence or family life, EU law such as retaining right applies here which uk immigration law does not offer.

[toni34]

I have seen replies given here by a lot of people ,I think we are missing the ball here , he was just with the ea national for a year and the relationship has broken down ,they have no child together so what link has he got with the wife? as far as I am concern non, as per the blackmail. , that is a different criminal matter which shouldn't be linked to his immigration problems, if he could delay the divorce till 3 years and still have documents to prove the EA exercised her treaty rights , then that is a different ball game.