Need help... very urgent

[khali8]

First my details:
came to Uk in 2008 on student visa
got married with EU national mar 2011
got my RC July 2011.
So from mar 2011 til now we have been living together and working full time. but from few months when my wife went to her country to see her parents she cheated me and starting dating with another guy and now she is pregnant with him and the guy has also come in the UK and she wants divorce from me..she has destroyed me completely. so i need ur help.. Is there any survival way for me????

[Ayyubi72]

Yea, divorce her and move on in life.

[rodrimarto]

First my details:
came to Uk in 2008 on student visa
got married with EU national mar 2011
got my RC July 2011.
So from mar 2011 til now we have been living together and working full time. but from few months when my wife went to her country to see her parents she cheated me and starting dating with another guy and now she is pregnant with him and the guy has also come in the UK and she wants divorce from me..she has destroyed me completely. so i need ur help.. Is there any survival way for me????

Have the divorce proceedings already started ? If you can hang in there until March 2014 then you are fine provided that she is working at the time of the divorce. The rules is that in order to retain your right to reside, you need to have being married to the eea national for 3 years minimum and lived together for at least 1 year in the Uk. Also it is important that your ex wife is working when the divorce is made final.

[khali8]

Yea, divorce her and move on in life.

by divorcing her how will i retain my rights in this country?? as our marriage has only lasted for 2 years so far?? I have got a good job here so i dont wanna lose my stay...

[khali8]

First my details:
came to Uk in 2008 on student visa
got married with EU national mar 2011
got my RC July 2011.
So from mar 2011 til now we have been living together and working full time. but from few months when my wife went to her country to see her parents she cheated me and starting dating with another guy and now she is pregnant with him and the guy has also come in the UK and she wants divorce from me..she has destroyed me completely. so i need ur help.. Is there any survival way for me????

Have the divorce proceedings already started ? If you can hang in there until March 2014 then you are fine provided that she is working at the time of the divorce. The rules is that in order to retain your right to reside, you need to have being married to the eea national for 3 years minimum and lived together for at least 1 year in the Uk. Also it is important that your ex wife is working when the divorce is made final.

No,, the divorce procedure has not started yet..she said right now you can take informal separation from me but after 3years she wants divorce.. so i am confused with the separation stuff coz she is also going to tell the local council and HMRC office that she is separated with me and living separately then she would be able to apply for child tax credit, working tax credit as coz of new born baby from another man which is about £500 benefits monthly on top of her wages. Because before that she was not used to get these benefits coz we both working full time. Now she will have these benefits as by showing separation (not divorce), will live with her new boyfriend and next year after march she said we will go for divorce and she will provide me all the documents so i can retain my rights.
Now here my question is:
Will separation put any adverse effect on my ROR application next year?? Will these Local council and tax office inform UKBA straight away or at the time of my ROR application about my separation????

[Imshzd]

Will separation put any adverse effect on my ROR application next year?? Will these Local council and tax office inform UKBA straight away or at the time of my ROR application about my separation????


Home office can check all records internally and externally.Hmrc are linked with home office.

[rodrimarto]

First my details:
came to Uk in 2008 on student visa
got married with EU national mar 2011
got my RC July 2011.
So from mar 2011 til now we have been living together and working full time. but from few months when my wife went to her country to see her parents she cheated me and starting dating with another guy and now she is pregnant with him and the guy has also come in the UK and she wants divorce from me..she has destroyed me completely. so i need ur help.. Is there any survival way for me????

Have the divorce proceedings already started ? If you can hang in there until March 2014 then you are fine provided that she is working at the time of the divorce. The rules is that in order to retain your right to reside, you need to have being married to the eea national for 3 years minimum and lived together for at least 1 year in the Uk. Also it is important that your ex wife is working when the divorce is made final.

No,, the divorce procedure has not started yet..she said right now you can take informal separation from me but after 3years she wants divorce.. so i am confused with the separation stuff coz she is also going to tell the local council and HMRC office that she is separated with me and living separately then she would be able to apply for child tax credit, working tax credit as coz of new born baby from another man which is about £500 benefits monthly on top of her wages. Because before that she was not used to get these benefits coz we both working full time. Now she will have these benefits as by showing separation (not divorce), will live with her new boyfriend and next year after march she said we will go for divorce and she will provide me all the documents so i can retain my rights.
Now here my question is:
Will separation put any adverse effect on my ROR application next year?? Will these Local council and tax office inform UKBA straight away or at the time of my ROR application about my separation????

Separation doesn't affect your ROR. As long as you have lived together in the UK for at least 1 year and that you stayed Married for 3 years you are fine provided that your wife is exercising her treaty right at the time of divorce.
As long as she is working, claiming all those benefits (child tax credit and working tax)shouldn't affect you.

[rodrimarto]

First my details:
came to Uk in 2008 on student visa
got married with EU national mar 2011
got my RC July 2011.
So from mar 2011 til now we have been living together and working full time. but from few months when my wife went to her country to see her parents she cheated me and starting dating with another guy and now she is pregnant with him and the guy has also come in the UK and she wants divorce from me..she has destroyed me completely. so i need ur help.. Is there any survival way for me????

Have the divorce proceedings already started ? If you can hang in there until March 2014 then you are fine provided that she is working at the time of the divorce. The rules is that in order to retain your right to reside, you need to have being married to the eea national for 3 years minimum and lived together for at least 1 year in the Uk. Also it is important that your ex wife is working when the divorce is made final.

No,, the divorce procedure has not started yet..she said right now you can take informal separation from me but after 3years she wants divorce.. so i am confused with the separation stuff coz she is also going to tell the local council and HMRC office that she is separated with me and living separately then she would be able to apply for child tax credit, working tax credit as coz of new born baby from another man which is about £500 benefits monthly on top of her wages. Because before that she was not used to get these benefits coz we both working full time. Now she will have these benefits as by showing separation (not divorce), will live with her new boyfriend and next year after march she said we will go for divorce and she will provide me all the documents so i can retain my rights.
Now here my question is:
Will separation put any adverse effect on my ROR application next year?? Will these Local council and tax office inform UKBA straight away or at the time of my ROR application about my separation????

Separation doesn't affect your ROR. As long as you have lived together in the UK for at least 1 year and that you stayed Married for 3 years you are fine provided that your wife is exercising her treaty right at the time of divorce.
As long as she is working, claiming all those benefits (child tax credit and working tax)shouldn't affect you.

However you might need to check this the gurus here on go to a lawyer....

[khali8]

plz all the gurus and moderators plz look at my application

[khali8]

Have the divorce proceedings already started ? If you can hang in there until March 2014 then you are fine provided that she is working at the time of the divorce. The rules is that in order to retain your right to reside, you need to have being married to the eea national for 3 years minimum and lived together for at least 1 year in the Uk. Also it is important that your ex wife is working when the divorce is made final.

No,, the divorce procedure has not started yet..she said right now you can take informal separation from me but after 3years she wants divorce.. so i am confused with the separation stuff coz she is also going to tell the local council and HMRC office that she is separated with me and living separately then she would be able to apply for child tax credit, working tax credit as coz of new born baby from another man which is about £500 benefits monthly on top of her wages. Because before that she was not used to get these benefits coz we both working full time. Now she will have these benefits as by showing separation (not divorce), will live with her new boyfriend and next year after march she said we will go for divorce and she will provide me all the documents so i can retain my rights.
Now here my question is:
Will separation put any adverse effect on my ROR application next year?? Will these Local council and tax office inform UKBA straight away or at the time of my ROR application about my separation????

Separation doesn't affect your ROR. As long as you have lived together in the UK for at least 1 year and that you stayed Married for 3 years you are fine provided that your wife is exercising her treaty right at the time of divorce.
As long as she is working, claiming all those benefits (child tax credit and working tax)shouldn't affect you.

However you might need to check this the gurus here on go to a lawyer....

Ok... if somehow i convince my wife even not to go for separation.. then after 3years at the time of divorce Dont you think the new born baby (which she had from another man by cheating me) put any affect on my divorce??? Dont they ask me if you knew that he was not ur kid why was you still living with your wife? And why didnt u apply for divorce on that time when you found out that he was not ur kid, its some1 else???

[Imshzd]

You can't predict,home office can take it in to different angles.

[Imshzd]

Does not matter if you accept your wife's adultery.

[Imshzd]

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[Imshzd]

Problem is not a new born baby.problem is her treaty rights .

[khali8]

Does not matter if you accept your wife's adultery.

(Does not matter if you accept your wife's adultery)
Explain it plz

[Imshzd]

Does not matter if you don't mind your wife's cheating,dating and would love her pregnancy.
Why home office mind it?
unless this relation is one of the sham.

[khali8]

Does not matter if you don't mind your wife's cheating,dating and would love her pregnancy.
Why home office mind it?
unless this relation is one of the sham.

no.. the problem is why would i take care of kid which is not mine??? The kid real father is already demanding to look after his kid himself with my wife,, they would not let me come in between...So can i go for divorce without mentioning that illegitimate kid???

[khali8]

please help all the moderators and gurus

[rachellynn1972]

I dont know you asking the same question over and over again. Eea residence goes by rules of law and regulations. You are only entitld to ror if you and your eea national have live in the uk together for 1yr and the marriage have lasted for 3yrs before a divource absolute decree is issued by the court. Under eu law, you dont have to live together under the same roof unlike the spousal visa, you have a residence card under eu law not the a visa. If you pass the eu rules you will get ror, home office by law cannot dictate how you and your eea spouse should live, your marriage certificate said it all. You are a family member of an eea until a absolute decree is issued. Just pray your marriage last 3yrs and your eea spouse is exercising her eu right throughout the 3yrs. By that and by eu law, you will be fine.

[khali8]

I dont know you asking the same question over and over again. Eea residence goes by rules of law and regulations. You are only entitld to ror if you and your eea national have live in the uk together for 1yr and the marriage have lasted for 3yrs before a divource absolute decree is issued by the court. Under eu law, you dont have to live together under the same roof unlike the spousal visa, you have a residence card under eu law not the a visa. If you pass the eu rules you will get ror, home office by law cannot dictate how you and your eea spouse should live, your marriage certificate said it all. You are a family member of an eea until a absolute decree is issued. Just pray your marriage last 3yrs and your eea spouse is exercising her eu right throughout the 3yrs. By that and by eu law, you will be fine.

thanks. mate,,, as u mentioned in your reply (your eea spouse is exercising her eu right throughout the 3yrs. By that and by eu law, you will be fine.) My wife is on maternity leave coz of baby is due in 2weeks and she will going to be off for 9 to 10months to look after the new baby.. so will her maternity leave for 9 months put anyaffect on my ROR application??

[Imshzd]

I dont know you asking the same question over and over again. Eea residence goes by rules of law and regulations. You are only entitld to ror if you and your eea national have live in the uk together for 1yr and the marriage have lasted for 3yrs before a divource absolute decree is issued by the court. Under eu law, you dont have to live together under the same roof unlike the spousal visa, you have a residence card under eu law not the a visa. If you pass the eu rules you will get ror, home office by law cannot dictate how you and your eea spouse should live, your marriage certificate said it all. You are a family member of an eea until a absolute decree is issued. Just pray your marriage last 3yrs and your eea spouse is exercising her eu right throughout the 3yrs. By that and by eu law, you will be fine.

thanks. mate,,, as u mentioned in your reply (your eea spouse is exercising her eu right throughout the 3yrs. By that and by eu law, you will be fine.) My wife is on maternity leave coz of baby is due in 2weeks and she will going to be off for 9 to 10months to look after the new baby.. so will her maternity leave for 9 months put anyaffect on my ROR application??

It's better if you discuss with the solicitor.

[fatimahh]

You may want to read this thread from Obie before taking any actions

http://www.immigrationboards.com/viewtopic.php?t=119478