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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Yes we are currently married and i understand what you are saying but every communciation i've had says that its only valid whilst married to me being the EU family member and that she would have to apply for British citizenship for this to be different. It also states i have a duty to inform them of any changes etc considering she is only here due to my status and is the reason why its a 10 year visa only.sushdmehta wrote:You were married when your wife was granted settlement. You still are .. even though she has moved out.
So, there is no reason for UKBA to cancel her PR. Nor is there a need for you to inform UKBA when the divorce goes through ... because as a settled person, your wife is no longer your dependant (from immigration perspective). She is now a settled person in the UK .. in her own right.
That she may have used the relationship to gain PR is purely personal issue.
6.7 Revoking a document certifying permanent residence or permanent residence card wrote:Permanent Residence can be revoked on the basis of Public Policy, Public Health, or Public Security or if the EEA national and/or non-EEA national family member has been away from the UK for more than 2 consecutive years.
or from the EU-directive itself:Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
Only in exceptional cases can a PR holder be expelled:Once acquired, the right of permanent residence shall be lost only through absence from the host
Member State for a period exceeding two consecutive years.
The host Member State may not take an expulsion decision against Union citizens or their
family members, irrespective of nationality, who have the right of permanent residence on its
territory, except on serious grounds of public policy or public security.
What you still do not appreciate is the fact that your wife has obtained PR in her own right, that is she has her status now totally independent of yours. Logically, a subsisting marriage or any other dependancy is not a requirement anymore (as outlined above) and totally irrelevant so there is nothing to report to the UKBA as they couldn't make anything with that information. You are not "sponsoring" anything anymore.Sanchez wrote:Thats correct, but the UKBA will always have my wife having that PR registered in their records as being obtained under an EU family member being myself and therefore if this is no longer the case i presume they must be notified as they will have records saying we are married etc.
Well, obviously because those are the requirements to have PR confirmed?Sanchez wrote:If this was not to be the case why on earth would they ever ask for those details of prove in applying for the PR to begin with.
Well, you can write them, fax them, call them and tell them. It will not change a thing. Her status in the UK ceased to be dependent on her being married to you. Moreover, there are rules defending non-EU spouses who already divorced and has not yet received or even filed their PR applications, provided they have lived in the UK for at least 1 year and have being married for three years and the EU spouse had being exercising the Treaty rights during the last year prior to getting divorce. Even if that was the case you would be able to do nothing. She would get permission to remain in the UK anyway.Sanchez wrote:I could be wrong but thats the way it has been as those forms clearly say that that individual can only remain here under an EU family member. Therefore what i need to know is if she files a petition for divorce and it goes through then i have to notify the UKBA or HO of this right, due to the fact the only reason shes allowed to be here is due to being married to an EU family member.
I understand you are upset, and I am truly sorry. When marriage breaks up it is... hard to accept and it hurts a lot. Just do not let it to drug you down from being upset to being angry or depressed.Sanchez wrote:I honestly think that if i am served a petition that i will be left no choice but contacting the UKBA and finding out what needs to be done on my part as within 2 months of receiving the right to remain she has left and wants a divorce!!
I think we have no idea what happened. All we know is that she left. Maybe she will come back... I really doubt that all she cared for was PR and she had no feelings for him. She could not manage fooling him for 5 years, it just does not sound plausible.Obie wrote:I think it is really unfair and evil what she did, especially the fact you spent so much time on this forum to seek advice for a successful PR application.
I know. You mean the proof of exercising the Treaty rights during 12 months before the divorce. I have read about cases when an EU spouse refused to give payslips and p60 form to the non-EU spouse. But that is all, isn't that?86ti wrote: No quite so because to successfully retain rights the non-EEA would need the full support of the EEA national.
Well, yes but that's the major hurdle for some to get the much wanted RC...Nimitta wrote:I know. You mean the proof of exercising the Treaty rights during 12 months before the divorce. I have read about cases when an EU spouse refused to give payslips and p60 form to the non-EU spouse. But that is all, isn't that?86ti wrote: No quite so because to successfully retain rights the non-EEA would need the full support of the EEA national.
86ti wrote:No quite so because to successfully retain rights the non-EEA would need the full support of the EEA national.Nimitta wrote:Even if that was the case you would be able to do nothing. She would get permission to remain in the UK anyway.