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EEA national spouse pre-divorce

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

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

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vuur
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Joined: Thu Oct 29, 2015 11:09 pm

EEA national spouse pre-divorce

Post by vuur » Thu Oct 29, 2015 11:14 pm

I am a non-EU who have been married for four years. All this time we have lived and worked in the UK. I have my residence permit valid till June 2017.

We are now planning to separate. It seems like we cannot get divorced straight away but will have to live separately for two years before we can file for divorce (which gets us to early 2018, I think).

Will I be able to apply for PR in June 2017 in these circumstances please? I read the HO guidance, but could not find there this situation. As I will not be divorced, I won't have a retained right to live here, yet I envisage it may be difficult for me to ask for required documents (residence card, employment papers etc) from my wife.

What would you suggest please? Thank you for your comments!
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Obie
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Location: UK/Ireland
Ireland

Re: EEA national spouse pre-divorce

Post by Obie » Thu Oct 29, 2015 11:23 pm

Then your could proceed with divorce if the marriage has irretrievably broken.
Smooth seas do not make skilful sailors
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vuur
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Re: EEA national spouse pre-divorce

Post by vuur » Thu Oct 29, 2015 11:27 pm

Well, the thing is in June 2017 I will be technically married but most probably we will be living separately for 1.5ys and given that our relationships are not quite good at present I cannot see them improve by then. So I won't be able to obtain any documents required for the application...
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vuur
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Joined: Thu Oct 29, 2015 11:09 pm

Re: EEA national spouse pre-divorce

Post by vuur » Thu Oct 29, 2015 11:30 pm

At present, we have no grounds for divorce:
Adultery (well, I can only guess but have no evidence)
Unreasonable behaviour
Desertion
You have lived apart for more than 2 years

We are just falling apart... So really it is only the last point which will apply two years from now. Am I right?
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Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: EEA national spouse pre-divorce

Post by Obie » Thu Oct 29, 2015 11:35 pm

I am not going to advice on divorce on an immigration forum, but unreasonable behaviour can cover various category.
Smooth seas do not make skilful sailors
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vuur
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Posts: 5
Joined: Thu Oct 29, 2015 11:09 pm

Re: EEA national spouse pre-divorce

Post by vuur » Fri Oct 30, 2015 11:39 am

Obie, thank you - I have looked into this category. It doesn't look particularly adequate, as they mosty talk about violence, financial issues etc. We do not have that many gross issues, it's just when a number of small issues gets over the top and one understands that they have nothing to do with the other half..

So I think in our case it is really just two years of not living together. But then - what would happen to my visa and PR?
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