EEA wife left UK and does not want to divorce

[JUSTINYK]

Good evening everyone ,

I hope you’re all well and I’m writing this on behalf of a friend .

- Married May 2013 in Tunisia .
- EEA family permit FP 6months on November 2016
- Arrived to UK on January 2017
- Granted EEA residence card on June 2017
- EEA Norwegian wife came to UK on December 2015
- EEA wife was all the time employed since 2015 until she left UK on November 2019 ( she told the husband only one week before her leaving decision)
-EEA wife is not willing neither to divorce neither to provide documents and threatening to contact HO to depart the husband .


Q:
1) - What is the current situation of the non EEA person?
2) - Is there any solution ? If the non EEA make a divorce by himself , can he apply for ROR ( even if the EEA wife was not in UK at the divorce time ) ?


Thank you so much in advance

[Casa]

Once your friend's wife was no longer resident in the UK, his right to remain in the UK ceased.

[derick4real]

Once your friend's wife was no longer resident in the UK, his right to remain in the UK ceased.

Hi Casa,
You are right on a general terms, but with an exception of meeting some necessary conditions, so i had appreciate it more if you got the patience to read individuals questions in details, before providing a general answer.

Its a similar case to that of my friend and he got his retained right to stay.
Marriage outside Uk in 2014.
Arrived in Uk in 2017 Jan.
Divorced Kicked off.
EEA Wife left UK 2019 July.
Non Eu Husband applied for retained right to stay and got it approved.

In conclusion, Once your friend's wife was no longer resident in the UK, his right to remain in the UK ceased under the wife, but you can remain in Uk without your wife if you meet the condition of retained right of residence. please ask your friend to see the ASAP RETAIN RIGHT OF RESIDENCE for more informations

[Casa]

Once your friend's wife was no longer resident in the UK, his right to remain in the UK ceased.

Hi Casa,
You are right on a general terms, but with an exception of meeting some necessary conditions, so i had appreciate it more if you got the patience to read individuals questions in details, before providing a general answer.

Its a similar case to that of my friend and he got his retained right to stay.
Marriage outside Uk in 2014.
Arrived in Uk in 2017 Jan.
Divorced Kicked off.
EEA Wife left UK 2019 July.
Non Eu Husband applied for retained right to stay and got it approved.

In conclusion, Once your friend's wife was no longer resident in the UK, his right to remain in the UK ceased under the wife, but you can remain in Uk without your wife if you meet the condition of retained right of residence. please ask your friend to see the ASAP RETAIN RIGHT OF RESIDENCE for more informations

I am aware of the requirements for Retained Right Of Residence. From the information posted by the friend, these requirements haven't been met. The opening post states that the wife doesn't agree to a divorce.

"You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or civil partnership was ended and one of the following applies:

the marriage or civil partnership lasted at least 3 years before legal proceedings began and the couple lived in the UK for at least 1 year before the divorce, annulment or dissolution was finalised
you (or the former spouse or civil partner of the EEA national) have custody of a child of the relevant EEA national
you (or the former spouse or civil partner of the EEA national) have access rights to a child of the relevant EEA national, provided the child is under 18 and a judge has ordered that access must take place in the UK
you, or a family member, have been a victim of domestic violence during the marriage or civil partnership, or there are other particularly difficult circumstances which justify retaining the right of residence"

https://www.gov.uk/family-permit/retain ... -residence

Unless any of the above (children, DV) my original advice stands.

[Amber]

Derick4real, I suggest you treat Casa with a bit more respect, she has plenty of patience dealing with so much on this board, voluntarily! You are on thin ice!

[derick4real]

Thank you Casa, i don't mean any resentment, but am glad for the details provided. At least the young man (JUSTINYK) can see that his friends got an option if only he can convince his EEA partner to come start up their divorce proceedings.

[JUSTINYK]

Thank you all so much !
So if I correctly understood , the only way is to convince his wife to come back and start divorce procedures ?

His wife the EEA national did not leave the job completely , she’s on sick leave .

I assume that in order to qualify , they have to start divorce procedure while she present in UK ,
If she leaves after that shouldn’t be problem as the requirement was met.


Again , thank you so much for the support and I wait for your answer !

Best regards ,