Post
by verity » Sun Dec 11, 2011 9:25 pm
Greetings.
Its been nearly a year since my last post. I am still concerned. My husband and I are not legally divorced, but I wish we were. He has a lot of very serious problems (drugs, alcohol, abuse) and I would like to have no ties to him. The scary part of this and what I risk if I were to push him away, is that I would be deported.
In my previous question, I was being rather vague. So I will try to be more clear here:
6.1 of Chapter 2 it states:
"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."
My question is what such circumstances would be justification. My husband wasn't physically abusive, however, he was verbally abusive, is an alcoholic and more or less refused to find a job (simply by sitting around all day at home surfing the internet.) I have worked continuously, full-time since the day we arrived in 2010. These are the reasons I separated from him. I did eventually find him a part-time job, but he is no longer working there (though within is legal time frame of exercising his treaty right).
I never called the police or anything. At the end of our relationship, however, he did go mental, drinking a lot, taking perscription drugs and combining the two. On two occasions he spent all the remaining money in our joint account on getting drunk. This was when I was supporting both of us.
It should be noted here, that I do NOT use any drugs, am a rather stable and professional individual. I would certainly be able to get "character references". I was unaware of the depth of his mental issues when I agreed to marry him.
We are 8 months away from "3 years of marriage". He did leave the UK for a few months to work in his home country (a friend got him a temp job) and he intends to come back to the UK before the 6 month period. I really don't want him to return. My life is much more peaceful now without him here causing trouble to me. This is why I am asking what would be considered "difficult circumstances" besides physical domestic violence.
Do I perhaps need a lawyer?
Sorry for the long drawn out question. I wanted to give some detail to help with a reply.
Thank you in advance if you are able to offer any advice.
