Post
by Maria2020 » Fri Dec 08, 2017 9:28 pm
Dear All
I would like to ask for your advise regarding my immigration case, basically I am from Colombia and I married an Italian national in June 2012, the marriage took place in London. Then unfortunately our relationship broke, and I started the divorce proceedings in August 2015. We lived in London previous and during my marriage.
I had a post study work visa (previous my marriage),then I got a residence card for 5 years as a family member of an EEA national, this residence card was issue from January 2013 to January 2018.
Now my problem is that my divorce is not yet finalized, and my residence card is about to expire.
I am currently waiting for a Judge to grant me an order to apply for a Decree Nisi. In summary, my husband has been very difficult and did not want to sign my divorce petition, after several months I was advised by my solicitor to change the grounds of the petition to Unreasonable Behavior, the Judge thankfully accepted it.
In September 2017 my solicitor sent a Dispense with service application to the family court, because we could not find where my husband is. In other word I am trying to get a divorce without serving the papers to my husband. Together with this application we sent an statement explaining all the ways we used to try to contact my husband. The last communication we received from the Court was on the 12th October, saying that my Dispense with service application was in the Judge's desk awaiting to be reviewed. Since then, every time I called they give the same answer, it is almost 2 month and nothing seems to be moving.
Now I am really concerned because my residence card is about to expire, and I cannot apply for Retain Rights of Residence to the HO without having a Decree Absolute, then if I do not apply for a ROR my employer will probably terminate my work contract.
My solicitor suggested to apply for ROR even if I don't have the Decree absolute, only to maintain my job because this way at least I can tell to my employer that I am in the process of renewing "my residence", but I wonder what will happen after, obviously my ROR application will be refused, can I re-apply again just to buy some time until I get my divorce sorted/Decree absolut. I need to keep my work.
Please I ask for your advise, what would you recommend to do in this situation.
Many thanks
Maria