Retaining Right of Residence

[Saint_DC]

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]

It is difficult to see how a retention of right of residence can be secured in the circumstance mentioned above.

[Saint_DC]

It is difficult to see how a retention of right of residence can be secured in the circumstance mentioned above.

What should the EEA National do?

Is she obligated to inform any athroties of having left the UK for over 12 months? She has unregistered her UK Tax.

It's come to my attention that the non EEA national could already be considered to be illegaly residing in the UK. Is this true,... based on facts in above cases?

Is there any risks that the EEA national is exposed to?
If someone is deported,... what happens to the debt this person has incurred as the EEA National would would have to service the debt by virtue of being married to that person, is out of the UK already.

Things are looking ugly

Your insights is overly appreciated at this point.

[Obie]

Who are you ? if i may ask, are you the EEA national or Non-EEA?

I am not good at answering hypothetical questions.

However i can only say any debt incurred in the non-EEA nationals name will not affect EEA national, and yes, if the EEA national has left and deregistered,then the spouse has not got a right to reside under EU law.

[Saint_DC]

Who are you ? if i may ask, are you the EEA national or Non-EEA?

I am not good at answering hypothetical questions.

However i can only say any debt incurred in the non-EEA nationals name will not affect EEA national, and yes, if the EEA national has left and deregistered,then the spouse has not got a right to reside under EU law.

I am writing on behalf of the EEA National; therefore the EEA National.

What I am trying to support her with is

1) Identify any risks she is exposed to
2) Get additional information to support her,...

She is trying to get divorsed so trying to figure out a way for the two to more amicably part ways,... and getting him to retain his right to stay in the UK would be great.

However, I am starting to think there is no option. Even if they would figure things out and not get divorsed there seems to be no means in him getting the right to stay by virtue of the fact that she is not risiding in the UK.

Although,.. her priority (the EAA NAtional) is to get a divorse and to ensure she isnt exposed in any way by his actions (like incurring debt or by his legal status in the UK).


Hope that helps,...

Looking forward to get your insights.

[john987]

waste of time.

[Obie]

The non EEA national can go and live in her country under singh.

In any event, and assuming he qualifies,the non-EEA would need to be divorced to qualify.

[EUsmileWEallsmile]

The non EEA national can go and live in her country under singh.

This is an interesting angle, but presupposes that the EU national returns to their home country having exercised treaty rights in the UK.

[Saint_DC]

The non EEA national can go and live in her country under singh.

This is an interesting angle, but presupposes that the EU national returns to their home country having exercised treaty rights in the UK.

Interesting, please ellaborate.

What impact does it have wether she exercises treaty rights or not?

Could I consider it, that if she exercised treaty rights in the UK, he may leave the UK and live in the EU elsewhere and then a divorse would not impact his ability to reside anywhere in the EU?

[EUsmileWEallsmile]

The non EEA national can go and live in her country under singh.

This is an interesting angle, but presupposes that the EU national returns to their home country having exercised treaty rights in the UK.

Interesting, please ellaborate.

What impact does it have wether she exercises treaty rights or not?

Could I consider it, that if she exercised treaty rights in the UK, he may leave the UK and live in the EU elsewhere and then a divorse would not impact his ability to reside anywhere in the EU?

In general an EU national who exercises treaty rights in one EU country can later use European law to return with spouse to their home country. This is known as a Singh route.

[EUsmileWEallsmile]

1.a) EEA National left UK within 1st year of marrige (EEA NAtional left UK 1 month after marrige) with a non EEA national

Was the marriage genuine? If not, the non-EU national would have no basis to remain in the UK.

If it was genuine, but lasted for as short a time as you indicate, it does not appear possible for the non-EU national to retain a right of residence.

What did the EU national do in the UK? When did they arrive? How long were they in the UK before marriage and what were they doing?

It is possible to divorce without the co-operation of the other spouse. It may take longer, but it is possible.