bankrupt non-eu national and divorce

[Miracle need]

Hi,
if a non-eu national has unpaid bank loan amount and due to personal reasons the EU and non-eu national now going for divorce without having children. Does divorce authorities ask about non-eu national financial? Will after divorce non-eu national can go back home with unpaid loans but never committed any crime/criminal activity.can he go back home with valid national passport.

[Miracle need]

hi,
Is there anyone who is listening. Actually my EU national wife is planning to divorce me and I have been living legally in uk for the last 9 years and 4 months with 6 months to reach ILR by long residence. Actually I had taken loan for business but cannot be successful and now will the divorce process will be affected from my unpaid finances? I want to go home because I am very tired from this stressful life.
Will divorce/airport authorities will let me out on my passport to my home country because i never committed any crime/any threat to public?

[Diomond]

immigration never ask about loans.thats between u and the bank.Thats non of there business.u would never have any problem leaving or coming back to the country.You should not be worry about it.

[Miracle need]

Thanks for your reply in my over the limit stressful situation. I have been living legally for the last 9 years and 4 months and have been living on EEA2 RC for the last 21 months and i have all the treaty rights proofs of EU national for the past 21 months. Now my EU national wife is going to divorce me and i have only 6 months to reach my 10 years of legal residence for getting ILR. Now i cannot pay lawyer fees and is not eligible for retention of right (3 years) and for next 6 months i need the proof of eu national treaty rights but she is going to divorce. so only for that 6 months reasons i have to go back home. I really spent huge saving on studying uk degrees before marrying EU national and still being uk graduate i am suffering all this.
I do not know what i do.

[Miracle need]

One more question that after divorce how many days a non-eu national can live to prepare to leave uk. Does the uk authorities quickly approach and send back or they expect/grant few weeks until non-eu do its preparation to leave the uk?

[Diomond]

if the divorce proceedings hvnt started yet, it will take time , during tht time ur 6 month will complete . if only 6 month left and u r not divorced yet. u would be fine and should qualify for the ilr.

[askmeplz82]

i think you can even apply 28 days early ... so 5 months left

send you divorce paper to one of the busiest court so it takes longer

[Miracle need]

Many thanks for all board members who reply me in this emotionally painful situation. Actually after counting from arriving day in uk i need nearly 8 months after deducting 28 days. The only thing stop me that why i should go home after spending nearly £20,000 on uk 1st class degrees.
i have all treaty rights evidence of eu national since marriage and now how delay divorce time and how i get remaining treaty rights evidences. For example if EU national go back home then can i have the benefit of now showing treaty rights for 6 months which absence is allowed and can this 6 months which is an absence without treaty evidences help me.

[vinny]

Have you considered marriage counseling?

[Miracle need]

Thanks for your reply. But how counseling can work when the other person will not want to go there.

[Miracle need]

Can a discretionary leave - Flr (o) be applied to complete the remaining 8 months. Or Can another type of application on uk points based categories such as tier4 can be sent to get benefit from section 3C which extend the leave till decision? Can section 3C be claimed in any way?

[Miracle need]

hello everyone,
My EU national wife now start threatening that if i disagree from divorce then all solicitor and court costs the man pay. Is that true. Can anyone please tell me that if i not agree on divorce then really i have to pay all court and solicitor costs not EU woman.

[chaoclive]

If you are on the EEA route, maybe you can consider applying to retain your rights? There are requirements though.

What about talking to your wife and trying to sort things out peacefully. Say that you will agree to divorce but ask her to help you get through the next 8 months (supposing your goal is only to get citizenship and you no longer care about the marriage).

Another thing: I noticed that you said the following above: " The only thing stop me that why i should go home after spending nearly £20,000 on uk 1st class degrees." I know people who have spent upwards of 100,000GBP on education in the UK. They still had to leave when the time came. Just remember money spent on education doesn't give you any right to stay in the UK.

[askmeplz82]

well check the below link. She is right but not 100%

http://www.terry.co.uk/costs04.html

[Miracle need]

Is that really true that even the solicitor fee which eu national woman use has to be paid by non-eu national man apart of the solicitor fee the non-eu national is paying for himself. Is that true

[Miracle need]

Thanks for suggestion. But lets suppose that if eu national go home after 1/2 months, then i will need 6 months and an eu national can absent for 6 months without affecting non-eu national. In that case obviously no treaty rights evidences need, isn't it? Does these 6 months absence period without treaty rights evidences count?

[sheraz7]

Chacolive answer is very correct that try to negotiate and ask help for next 8 months by explaining the adverse consequences which i think can be able to settle with her because a lot members suffer and succeed from same.
i also think you should be fine from the 6 months absence criteria by not having treaty rights evidences and that time should also be counted legal for you too.

[askmeplz82]

exactly... In 2011 my EEA national wife left me for someone else after 1.5 year marriage. Then she went to a Lawyer and threatened me with divorce . She was saying every week that i will receive a letter from her soon. But it didn't happen when i explained to her my situation. Now it's nearly 5 years and we are still married but living separate for last 3 years . We still meet and talk as friend

So talk to her

[Miracle need]

Thanks for replies. I am trying same. But how about if EU national leave UK and exactly after 6 months my qualifying period is completed too then whether that 6 months absence which is normally allowed per year can be counted for me?

[Miracle need]

Hello guys,
can anyone tell that if the EU national leave uk who was already exercising her treaty rights and after her departure of exactly 6 months after the non-eu national is completing his 10 years long residence for ILR then whether that 6 months of absence will benefit to non-eu national because 6 months absence is allowed and if the absence get longer then will that 6 months absence will still be counted?

[Miracle need]

exactly... In 2011 my EEA national wife left me for someone else after 1.5 year marriage. Then she went to a Lawyer and threatened me with divorce . She was saying every week that i will receive a letter from her soon. But it didn't happen when i explained to her my situation. Now it's nearly 5 years and we are still married but living separate for last 3 years . We still meet and talk as friend

So talk to her

Hello all and askmeplz82,
I follow same advise to convince her but she before saying me same like you that she will go solicitor to arrange divorce and same way nearly 1.5 months passed. But now i realized that she really went to divorce solicitor yesterday and pay them nearly £150 fee for some reason maybe divorce proceeding. I have only few months left to mark 10 years for indefinite. what should i do? Normally how many months in average the divorce takes process and can that be prolonged if i not want to proceed?
what should i do?