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EEA National Leaves UK - Non EEA Right of Residence Issues

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Saint_DC
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Posts: 5
Joined: Sat Aug 25, 2012 3:22 pm

EEA National Leaves UK - Non EEA Right of Residence Issues

Post by Saint_DC » Sat Aug 25, 2012 4:02 pm

Good day everyone,... I sure could use some of your insights into the following dillema.

Case 1

Facts
1.a) EEA National left UK within 1st year of marrige (EEA NAtional left UK 1 month after marrige) with a non EEA national
1.b) Duration of Marrige between EEA and non EEA National is 1 year and 2 months
1.b) EEA National has been outside of UK for over 12 months (therefore they are no longer living together in the UK - only non EEA national remains in UK)
1.c) EEA National is not intending to return to the UK in next 24 months

Questions
Q1.1) Is the non EEA national allowed to stay in the UK & what does he need to do (any applications required)?
Q1.2) Does the EEA national need to inform anyone of the absence or leave from the UK?


Case 2 (continuation of case 1 with added complexity)

Facts

2.a) EEA National intends to get divorsed
2.b) Non EEA NAtional is not agreeing to divorce (ignoring divorce/disolution/ judical seperation petition) based on fear of being deported.

Questions
Q2.1) Can the EEA National "force" or expidite a divorse on any grounds based on the above?
Q2.2) Is it possible for the non EEA national to continue to reside and work in the UK after a divorse (Divorsed after 1 year, EEA National not been living in UK for excess of 12 months, EEA National left 1 month after marrige)?


I'd appreciate your support,... I am helping the relevant persons come to some sort of solution wereby 1) the non EEA NAtional retains his right to stay and work in the UK, 2) the EEA NAtional can divorse and 3) the whole process is an affordable one.

Many thanks in advance for your support. Hopefully this presents a challenge for someone and is willing to share some thoughts, ideas, concerns or ideally some solutions.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Aug 25, 2012 4:19 pm

Please dont open duplicate post on the same topic. I am therefore locking this topic but will live the one on the EEA application open.
Smooth seas do not make skilful sailors

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