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if you want advice you need to be a lot clearer. if may be easier if your friend posts herself.Premo wrote:Hi there,
My collegeau and dear friend is from st. croix (caribbean) and is in the UK for over 10 yrs. now. She has 2 kids with both a british pp. Their dad and my friend separated and they are not on speaking terms anymore. She met another man (portugese) who she eventually married. This year she wants to apply for her ILR.
The problem however is this. Her husband is from Portuguese and Angolan decent and he left her for over 2 years now! She does not know where he is. They had relationship problems and she believes he either went back to Portugal or Angola. There has not been any contact from him over 2 yrs now and she does not know what to do. Her solicitor tells her that her only option would be is to divorce the guy. However if he is not to be found how could she get her divorce in the UK and fight for herself? The husband is not there to sign the divorce papers. They married in London in a registry office at the time.
Would anyone have any advice? I hope I can help her out. Thank you.
OK - so what is the national of the children's father. what was her immigation status in the UK when the children were born?Premo wrote:Hi Greenie,
Thanks. As my friend is quite stressed at the moment she asked me to seek for some advice. Regarding her immigrations issue i asked her to be very clear with me otherwise i cant help.
Turns out that her kids were born in the UK but they don't have a passport. She wants to apply for theirs soon.
When did she marry her portuguese husband? december 2006
What was he doing in the UK to exercise his treaty rights? fulltime employee in construction and renting a house and supporting her and the kids
When was her residence card issued? august 2007
When did he leave the UK? november 2009
On what basis was your friend in the UK before she married her Portguese husband? her moms lives in the UK as UK citizen. My friend came to UK on a 'family member dependant visa'
family solicitor or immigration solicitor?Premo wrote:In addition:
She is renting on her own supporting 2 kids and working part time. She some financial difficulties. She wanted to apply for housing benefit but sollicitor told her not to do this because it might affect her ILR...
Ok so she does know when the visa expired then!Premo wrote:it's an immigration sollicitor.
She came to the UK in 2001. To be honest there was a slight gap (overstayed) in between the period she had a family dependant visa (throught the mom) and from the time her husband apllied voor EEA2 and they got married.
she needs to get a family solicitor for the divorce matter as already advisedPremo wrote:Hi Greenie,
Thank you. She did speak to him already and his advice for now is that she should divorce the husband. But how in her situation, the husband is not to be found? Sollicitor cant give her a good solution. I believe that he is not sure what to do in her situation...