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Was that before June or after? And did you pursue a divorce from your side?Kay77 wrote:I am a non EU married to an EU national in 2002.
We separated in 2006, but he has refused to grant me a divorce and has since left the country.
I don't think that's true, the whole point is the OP is here 'on the back' of her husbands EU Treaty right, as they are still married, he goes, she goes. If divorced after marriage for three years, one year in UK then no problem, the lack of divorce leaves the OP in limbo.....bebe2 wrote:did they really say because you re not divorced? from my understanding if you are separated and he lives the country then you can retain your residence . i will say appeal and get all your paper work together. if you go on the net there is a website that does p60s or you can ask inland revenue for some they will advice you if they cant help.you can also check the electoral register even friend can write you a covering letter.
judges are much more understanding.
I applied in Oct 07.thsths wrote:Was that before June or after? And did you pursue a divorce from your side?Kay77 wrote:I am a non EU married to an EU national in 2002.
We separated in 2006, but he has refused to grant me a divorce and has since left the country.
I think you need to talk to your solicitor. You should probably appeal, although you may also have the option of sitting still and waiting for the HO to take the first step.
Unfortunately the law is rather vague on what happen in case of separation, and I think this gap has to be filled in by the judges. You stand a good chance of winning, but you need to make sure that your case is "convincing". It would probably help if you start a divorce. Part of the agreement would be his support for your application.
Tom
Yes, that is what the law says, but it does not make a lot sense. So I think this is for the judges to decide, and it will have to be the ECJ for a definitive answer.Morpheo wrote:however, the guidelines are clear
if not divorced, you are still considered as a family member, hence, you depend on him. if he goes you go.
I agree, although there should also be a viable procedure in place if the spouse does not cooperate. At no place does the law require that you are still on good terms, so this cannot be implied in the rules, either.even if you get divorced, you will need evidence that he was exercising the treaty right at the time of divorce. (payslips...)
And there is solution number 3: go to court. But getting divorced is certainly the safer option.The way I see it: you have two solutions and I am afraid to say that both of them require your spouse to be in the UK.
That is a complicated situation. I think you should get a lawyer who is familiar with European law. It is quite possible that you have to appeal to get your residence.Kay77 wrote:My spouse has refused to coorporate and is not in the UK. I have evidence of his treaty rights up to 2006 when we separated. If I start divorce proceedings now, would I have to provide evidence of his treaty rights up until now?