EEA Family member in Confusing situation,Please Help!

[alexjames2320]

Hello, Guys, I have a question to ask all of you that know about immigration and EEA family member rights in the UK. I Have a friend who originally is from Brazil he moved to Greece and there he was married to a Greek lady for 10 Years, now he came to the UK but on a tourist Visa because he wasn't able to communicate with the immigration officer and to ask about his treaty rights as I advised him. the problem starts here, but the bigger problem now is that his wife wants a divorce from him and he was thinking if he gets in the UK with her again and he will receive a family permit or EEA Dependent Ink Stamp (“Code 1A stamp”) will he be able to apply for a BRP or residence card if his wife will not live with him here? so she wants to go back and just help him once to move in the UK and then she wants a divorce...Please, I need to clarify with him this situation and I would be glad if u can give me some more Information.

[alexjames2320]

*Just to Add something I forgot his wife never lived or Worked in the UK as an EU Citizen she just offered him to come here and stay a couple of days but other than that she will not help a lot.

[wilsonwkz]

*Just to Add something I forgot his wife never lived or Worked in the UK as an EU Citizen she just offered him to come here and stay a couple of days but other than that she will not help a lot.

HI,

This doesn't work on your friend on what you have said, the spouse must be a qualified person which stay in UK for 3 months before the date of applications.

if he wanted to get EEA Dependent Ink Stamp (“Code 1A stamp”) at the border, is best for the wife to travel with him together with marriage certificate as evidence. EEA Dependent Ink Stamp (“Code 1A stamp”) only last for 6 months and he requires resident card to stay in uk after that.

In fact if he married with his wife (European) for 10 years, what is his nationality now?

[secret.simon]

Your friend would have the right to reside in the UK only if he resided in the UK with his Greek wife exercising treaty rights here (though they do not need to live together, they must both be in the UK and she must be exercising treaty rights) for at least a year. That year can include up to six months absence from the UK.

[alexjames2320]

Thank you Guys for all your answers and I really appreciate it. I just wanted to ask something final if he gets divorced from his wife or she will not be here he can't get a BRP( Resident Card)? if they are not together here that means that alone he will always come as a tourist only?

[secret.simon]

If his Greek wife does not accompany him to the UK and exercise treaty rights in the UK for at least a year, then he will have no right to reside in the UK under EU law.

He can be issued a Residence Card if his wife accompanies him to the UK. But his right to reside (and the validity of his Residence Card) will cease if his wife does not exercise treaty rights in the UK for a year.

His rights are entirely dependent on the actions of his EU wife.