Non EEA family member wanting a divorce.

Bijoux29 · Post by **Bijoux29** » Wed Dec 14, 2011 12:24 pm

Hi,

Here is my situation. I've been in the UK since 2004 as a student. I finished my studies in 2010 (Degree) and had a Tier visa granted. Now in 2010 I met my current husband and we got married and I have applied for the EEA family member permit.
Now, in my marriage, I'm being verbally abused and my husband doesn't like to work but spend his time surfing on the internet. The abuse is every day and I suspect that he has mental issues.
At present I'm emotionally unstable and it is affecting my work. I work in retail and currently taking a Graduate Teaching Training

zahid.ali.anwar · Post by **zahid.ali.anwar** » Wed Dec 14, 2011 1:01 pm

Bijoux29 wrote:
we got married and I have applied for the EEA family member permit.

Has that been issued to you as yet? if not then wait for it. After that if you get a divorse, there will be no effect on your immigration status.

Bijoux29 · Post by **Bijoux29** » Wed Dec 14, 2011 1:55 pm

Are you sure?
Because we only got married in February this year. My Permit came a couple of weeks ago.
The worst past is that he treaten me with divorce almost every single day as he know I might have difficulties retaining my stay. If only I knew I wouldn't have applied for the EEA family permit.
This whole situation is affecting mu whole life, my training etc

bobobo · Post by **bobobo** » Wed Dec 14, 2011 2:02 pm

If you are facing verbal abuse after a few months of marriage you can apply for an annulment and not divorce (<1 yr of marriage)
Since there are no incidents of Domestic Violence there is no way that you will be able to retain your residency. Also HO will see the fact that you were marrid for just a few months and trouble hit the marriage.

if its too much too handle then its not worth it just get the marriage annulled and move on with your life. I am sure you prefer your peace of mind more that anything and you should take adequate steps in that direction.

Bijoux29 wrote:Are you sure?
Because we only got married in February this year. My Permit came a couple of weeks ago.
The worst past is that he treaten me with divorce almost every single day as he know I might have difficulties retaining my stay. If only I knew I wouldn't have applied for the EEA family permit.
This whole situation is affecting mu whole life, my training etc

zahid.ali.anwar · Post by **zahid.ali.anwar** » Wed Dec 14, 2011 2:10 pm

Bijoux29 wrote:Are you sure?

The Instruction on UKBA website says

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.

The link to the page is here

Bijoux29 · Post by **Bijoux29** » Wed Dec 14, 2011 2:13 pm

You are right. All I am thinking at this point is to find a way to get on with my life. A friend of mine told me yesterday that there is a new law taking effect in April next year that will allow me to retain my permit even after a divorce or annullement. Is that true? I looked on the UKBA website and can't find such thing. I might need to go to the CAB.

Bijoux29 · Post by **Bijoux29** » Wed Dec 14, 2011 2:24 pm

zahid.ali.anwar

Yes, I'm not disputing what you are saying, but what are the possibilities and the circumtances that will allow me to retain it

zahid.ali.anwar · Post by **zahid.ali.anwar** » Wed Dec 14, 2011 2:44 pm

Bijoux29 wrote:zahid.ali.anwar

Yes, I'm not disputing what you are saying, but what are the possibilities and the circumtances that will allow me to retain it

Read point 6.1 on this.

Also Read topics in here. This will give you a much clear picture.

Secondly, I have not heard of any such law as told you by your friend. Better consult CAB and do share your experiance on the board.

Post by **Obie** » Wed Dec 14, 2011 6:50 pm

What is the position with your Tier-1, is it still valid, and are you in compliance with all the conditions attached to it? are you still with the employer for which it was granted?

Domestic Violence has a broad definition and goes well beyond Physical and Sexual abuse by one partner against the other.

Your situation can certainly fall within domestic violence, and you could qualify for residency, if this is fully documented and reported. provided the allegation are not clearly unfounded, and are mainly allegation aimed at securing residency.

Simply holding a residence card does not confer on you any rights than you already have, it is simply declaratory in nature.

Any assertion that OP will be fine once Residence card is issued and she files for a divorce is clearly wrong.

It is still unclear whether OP will meet any of the conditions attached to retaining rights of residence.

I have removed your Thread from General Immigration to EEA route application, as i believe the issues associated with your case, are more linked to EEA rights.

Bijoux29 · Post by **Bijoux29** » Wed Dec 14, 2011 7:19 pm

I was granted a Tier 1 after completing my studies I was not working at the time. But now I am work and taking a Teacher Graduate training. When I thought of redrawing my AAE permit it was late as the decision was made already. The only documentation I have at this point is recording of his verbal abuses as he always denies it and say I'm lying. I am also in contact with Domestic violence as I need to speak to someone regularly as I find it unconfortable to discuss with my friends and my familly. The only thing I have that is keeping me going is my teaching training.

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Non EEA family member wanting a divorce.

Non EEA family member wanting a divorce.

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