advise needed

[ladipo]

I am writing on behalf of my friend who is a non EEA national married to a spanish national and currently hold a residence card of family member of eu national.He got married in spain in 2008 and moved to london in jan 2010.Right now he is going through divorce proceedings with his wife,his wife is exercising treaty right in uk as a self employed person.when the decree absolute is issued does he have to apply to the home office for the retention of rights or can he send the documents showing his wife is exercising treaty rights up till when decree absolute was issued and also prove that he is working along with a letter to home office saying he wish to retain his right. pls does he have to send his passport again to home office as his residence card expires in 2015.pls any help will be appreciated

[ladipo]

Hi everybody, can you please help by replying to my earlier post and my friend is absolutely confused now.can he just send proof of his wife execersing treaty right till the period decree absolute was issued and a letter to home office with his payslip without having to send his passport as his RC is still valid till 2015.

[Punjab]

if HO finds that he is divorced and still in this country they will deport him as far as i know.

your partner and you both have to live under one roof in a relation ship.

now he might be lucky till 2015 but after that he will need to apply for a new permitt.

[Punjab]

Hi everybody, can you please help by replying to my earlier post and my friend is absolutely confused now.can he just send proof of his wife execersing treaty right till the period decree absolute was issued and a letter to home office with his payslip without having to send his passport as his RC is still valid till 2015.

If you are a national of a country outside the European Economic Area (EEA) or Switzerland, and you have come to the UK with an EEA family permit as the partner of an EEA or Swiss citizen, you must leave the country if your relationship with that person ends.


http://www.ukba.homeoffice.gov.uk/while ... hip-ended/

[ladipo]

Thanks for your message, he isnt divorced yet, he is just seperated but probably going to get divorced after the marriage has lasted for 3.5 years

[Punjab]

Thanks for your message, he isnt divorced yet, he is just seperated but probably going to get divorced after the marriage has lasted for 3.5 years

sorry to hear about divorce but even if he is separated now its treated the same with HO as fas as i know.

[alekos]

read from 5.4.1
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

all through to 5.4.3 and further points below if applicable.

[Ken G]

if HO finds that he is divorced and still in this country they will deport him as far as i know.

your partner and you both have to live under one roof in a relation ship.

now he might be lucky till 2015 but after that he will need to apply for a new permitt.

Punjab, Not sure why you would give incorerct advice or info to users of forum. Clearly residence card holder/family members of EEA National will retain the right if they had been married for 3 years or more imemdiately prior to the divorce proceedings. This person has been married since 2008 (3 years) and will retain the right to staying here regardless of the marital situation.

See:
If you are a non-EEA national who has been living in the UK on the basis of your relationship with an EEA national, can you stay in the UK if the relationship ends?
Close
If you were related to an EEA national by marriage or civil partnership but the relationship has ended through death, divorce, dissolution or the EEA national's departure from the UK, it is possible that you will retain a right of residence in the UK under European law. For more information, phone our European enquiries contact centre and speak to one of our advisers.

If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law.


http://www.ukba.homeoffice.gov.uk/eucit ... ts-family/#

Also, search this forum for related topics.

[koded]

if HO finds that he is divorced and still in this country they will deport him as far as i know.

your partner and you both have to live under one roof in a relation ship.

now he might be lucky till 2015 but after that he will need to apply for a new permitt.

Although this is a forum where anyone can share their opinion but I observed that most information you provide here are always not correct. I think it is better not reply when you are not sure of what you are saying.


Provided they are not officially divorced the person is still entitle to remain in UK.

[Punjab]

guys many thanks for making me correct. i just picked the info from http://www.ukba.homeoffice.gov.uk/while ... hip-ended/ and i belived that you have no right unless you attain pr to live without your sponser.


could anyof you please explain this 3 yr thing please?

Thanks

[Ken G]

Punjab, See below for info.

RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
•
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and•
the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
•
the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
•
there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a)
S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b)
S/he is a self-sufficient person, or
(c)
S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.
See Regulation 10(5) of the 2006 Regulations for more information.

[Punjab]

Punjab, See below for info.

RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
•
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and•
the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
•
the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
•
there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a)
S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b)
S/he is a self-sufficient person, or
(c)
S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.
See Regulation 10(5) of the 2006 Regulations for more information.

many thanks mate. to be honest this whole HO is so confusing

[alekos]

Punjab, See below for info.

RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership
A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:
•
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and•
the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
•
the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
•
there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a)
S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b)
S/he is a self-sufficient person, or
(c)
S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.
See Regulation 10(5) of the 2006 Regulations for more information.

many thanks mate. to be honest this whole HO is so confusing

That's why we should aim to give responses quoting available information from reputable sources. Hearsay only adds to the anxiety caused by not knowing.

[Ken G]

Punjab, No problem however one shouldnt give advice without researching the subject. It seems one is merely trying to advance their "title" than anything else. That is not the purpose of this forum.

[nonspecifics]

As far as I am aware after much legal debate "live together" has been accepted to mean that you do not have to live under the same roof.

Your EEA sponsor should be in the UK to sponsor the non-EEA, but does not have to be always living under the same roof as the non-EEA.

The only problem is that UKBA may have reason to suspect the marriage not to be genuine if they never lived in the same house at any time.

As pointed out, there is the Retention of Residence in the event of death, departure or divorce of the EEA national.

That means - if they meet the rules concerning that situation - the non-EEA can legally remain in the UK.

[rachellynn1972]

I will like you all to read this link from 53.4, most people confused the law on Spouse visa and EEA Residence.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary#

53.4 Marriage to an EEA national
The EEA consists of the following countries:
Austria, Ireland (Eire), Belgium, Luxembourg, Denmark, the Netherlands, Finland,
Portugal, France, Spain, Germany, Sweden, Greece, United Kingdom, Italy,
Iceland, Norway, Liechtenstein, Cyprus, Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Malta, Poland, Slovenia, Bulgaria, Romania, and Slovakia.
Marriage to an EEA national who is exercising Community rights gives a family member, such
as a spouse, the same rights to live and work in the United Kingdom as the EEA national. This
right to residence exists as a right; it is not necessary to hold a residence permit to prove this
right.
The Diatta judgement held that a family member only loses this right to residence if the EEA
national leaves the country permanently, or the EEA national no longer has a right of
residence in the United Kingdom, or on divorce (not just separation).
The Baumbast judgement found that where children of EEA nationals have a right to remain in
the Member State for the purpose of continuing their education, their third country national
parent/carer also has a right to remain, if that is necessary for the exercise by the children of
their rights. This means that the third country national spouses of EEA national workers in the
UK would have the right to remain here following their divorce from the EEA national or if the
EEA national ceased work here, provided that they were the principal carer of the EEA
national’s children in education here. That right would last until the end of the children’s studies
at secondary level
A non-EEA spouse who is party to a marriage of convenience has no right to be treated as a
family member. A marriage of convenience is a sham marriage undertaken solely for
immigration purposes. The couple have no intention from the outset of the marriage of living
together as man and wife in a settled and genuine relationship. It is not enough to say that the
couple are not living together at any given time; it must be proved that they never lived or
intended to live together.
The right to residency should not be confused with leave to enter or remain. Residency is an
automatic right upon marriage to an EEA national.

[ladipo]

thanks everyone for your response,i will like to find out if retention of rights is automatic after married for 3 years and have lived in uk for a year or does my friend have to apply to the home office again

[toabetterchange]

A non-EEA spouse who is party to a marriage of convenience has no right to be treated as a
family member. A marriage of convenience is a sham marriage undertaken solely for
immigration purposes. The couple have no intention from the outset of the marriage of living
together as man and wife in a settled and genuine relationship. It is not enough to say that the
couple are not living together at any given time; it must be proved that they never lived or
intended to live together.
The right to residency should not be confused with leave to enter or remain. Residency is an
automatic right upon marriage to an EEA national.[/quote]

I would like to know what are the most important evidence/documents to prove them that the marriage/civil relationship is not of convenience thanks

[toabetterchange]

As far as I am aware after much legal debate "live together" has been accepted to mean that you do not have to live under the same roof.

Your EEA sponsor should be in the UK to sponsor the non-EEA, but does not have to be always living under the same roof as the non-EEA.

The only problem is that UKBA may have reason to suspect the marriage not to be genuine if they never lived in the same house at any time.

As pointed out, there is the Retention of Residence in the event of death, departure or divorce of the EEA national.

That means - if they meet the rules concerning that situation - the non-EEA can legally remain in the UK.

Maybe the couple cant live under the same roof at the moment, each of them can be working in diferrent places, is it possible if they cant live together because of work/studies? or they have to live always together?

[rachellynn1972]

A non-EEA spouse who is party to a marriage of convenience has no right to be treated as a
family member. A marriage of convenience is a sham marriage undertaken solely for
immigration purposes. The couple have no intention from the outset of the marriage of living
together as man and wife in a settled and genuine relationship. It is not enough to say that the
couple are not living together at any given time; it must be proved that they never lived or
intended to live together.
The right to residency should not be confused with leave to enter or remain. Residency is an
automatic right upon marriage to an EEA national.

I would like to know what are the most important evidence/documents to prove them that the marriage/civil relationship is not of convenience thanks[/quote]

marriage certificate if they dont believe they should come and see you making love together if they can watch..

[toabetterchange]

[jskinner]

I agree that in a forum we must provide correct answers to our replies. Yes, we can share our own opinion here but we must be true with what we are saying.

[Jambo]

You can read the instructions for the ECO regarding marriage of convenience here

[toabetterchange]

You can read the instructions for the ECO regarding marriage of convenience here

Thanks!

This point is funny.

Reason to question the plausibility of the marriage
For example, considerable differences in age and background or where the applicant 
and EEA national have no common language.

[toabetterchange]

Criteria to be applied when assessing a marriage of convenience:

Intention to live together in the UK
The applicant and the EEA national should generally intend to live together in the 
UK.  This should be evidenced by a clear commitment from both parties that they 
will do so following the outcome of the application.


What does this mean?