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EEA married to NON EEA any advice

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cutepearl
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Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

EEA married to NON EEA any advice

Post by cutepearl » Sun Feb 15, 2009 1:43 am

I've been in uk for six years 4 years student 2 years married to EEA(Swedish National). We are fine. I m studying at the moment just want to do a post graduate degree. I am on 5 years RC in UK. My wife and me living together for 3 and half years all Docs Present. She want to go to Sweden to study and i am waiting here to finish my coiurse in 6 months.

Can i still stay in UK even if she is in sweden or do i have to go with her? We are not divorcing she just want to go and study in sweden for 2 years.

How long can i apply for ILR ?

Thanks in Advance.
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UKBAbble
Senior Member
Posts: 542
Joined: Wed Sep 03, 2008 3:08 pm
Location: Berkshire

Post by UKBAbble » Sun Feb 15, 2009 10:46 am

Do you have a family member permit?
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thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Re: EEA married to NON EEA any advice

Post by thsths » Sun Feb 15, 2009 11:09 am

cutepearl wrote:Can i still stay in UK even if she is in sweden or do i have to go with her? We are not divorcing she just want to go and study in sweden for 2 years.
Well, that is a tricky one. The general answer is that you have to go with her: your right of residence is derived from her right of free movement, and it would end if she is no longer in the UK. This only changes once you get PR after 5 years. Unfortunately moving to Sweden would reset the clock, and you have to wait another 5 years for PR.

You may be able to argue that she is leaving only temporarily, so here residence is still in the UK. That is certainly an option if she spends less than 180 days per year in Sweden. Or you can hope that nobody notices, which may work for 6 months, but it is a dangerous option in the long term.

The law is a bit strange in this respect, because it would be easier for you to stay if you got divorced (after 3 years of marriage, that is).
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cutepearl
Member
Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

Post by cutepearl » Sun Feb 15, 2009 2:34 pm

Thanks guys.

I got a Residence Card in uk for 5 years.

We dont want to divorce. What about when i go to sweden can i get swedish nationality after how long ? is it three years ?

thanks
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cutepearl
Member
Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

Post by cutepearl » Sun Feb 15, 2009 2:36 pm

Whats this 3 years or 180 days per year? does it count 180 days from 1st of januaary each year or from the date we got married??
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thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Post by thsths » Sun Feb 15, 2009 5:13 pm

cutepearl wrote:Whats this 3 years or 180 days per year? does it count 180 days from 1st of januaary each year or from the date we got married??
Put plainly, if she is spending more time in the UK than in Sweden, you can argue that she is still a resident in the UK. So that would be 180 days out of every year from now.

If she is settling in Sweden and only visiting in the UK, I think you should move there once your studies are complete. I am not sure how soon you can get citizenship, but assuming it is her home country, chances are sooner than in the UK.
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cutepearl
Member
Posts: 137
Joined: Mon Jan 21, 2008 7:40 pm

Post by cutepearl » Sun Feb 15, 2009 10:55 pm

ok... Thats a good option... you mentioned about the divorce.. If we divorce after 3 years... does she has to be living with me for 3 years in UK ? and does our divorce have to be in the UK ?

Sorry for so many question.s,,,
any good immigrittion solicitor you know in london?
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Plum70
Diamond Member
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Post by Plum70 » Mon Feb 16, 2009 3:14 pm

cutepearl wrote:ok... Thats a good option... you mentioned about the divorce.. If we divorce after 3 years... does she has to be living with me for 3 years in UK ? and does our divorce have to be in the UK ?
Ok so...... Divorce is a good option simply because you want to retain your rights of residence in the UK? :?

I want to believe i've gotten this wrong!
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thsths
Senior Member
Posts: 775
Joined: Sun Apr 29, 2007 9:14 pm
United Kingdom

Post by thsths » Mon Feb 16, 2009 3:20 pm

cutepearl wrote:ok... Thats a good option... you mentioned about the divorce.. If we divorce after 3 years... does she has to be living with me for 3 years in UK ? and does our divorce have to be in the UK ?
First of all I hope that you can work it out. If not, it gets very complicated. International divorce law is a mess - you should certainly ask a specialist (family lawyer) about that.

Yes, she would need to be in the UK when you divorce for you to retain residence - by law when you file, but I think they ask for evidence until the decree absolute. Although I am sure this condition will be clarified in court soon.
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Rozen
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Location: Nederland

Post by Rozen » Tue Feb 17, 2009 2:41 pm

cutepearl wrote:ok... Thats a good option... you mentioned about the divorce.. If we divorce after 3 years... does she has to be living with me for 3 years in UK ? and does our divorce have to be in the UK ?

Sorry for so many question.s,,,
any good immigrittion solicitor you know in london?
If you "don't want to divorce", you interest in the matter sounds pretty wierd... :?
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