Help needed, my eea national wife wants a divorce

jamesadegoroye · Post by **jamesadegoroye** » Sun Dec 09, 2007 7:52 pm

Hi, I need your help and advice, following some incidence, my wife has requested for a divorce after our 6 yrs of marriage.
I am a non eea national, and my wife is an eea, we married in June 6 2002, and i was given the 5 yrs residence in september 2003.
we have lived together for nearly six years and 4 yrs after i was given the 5 yrs residence in 2003.
I have all her bills and documents to show that we lived together, but i dont have her passport and the green card she was given. I am due to get the permanent residence on the 22 of september 2008.

But my problem now is that i dont know what the home office will say if i dont produce her passport when i put in the eea form. I am also thinking of putting in the deed of separation tommorrow as i dont know what she is doing. I have the photocopies of her passport and her green card but i dont have the passport.
i am so confused, because i dont know what to do, i dont know if she had put in the divorce at the moment, but we are not living in together at the moment. I am in my final year doing social work degree at the university and i am due to finish next year june, i work with my studies and i am planning to get a job with my degree.
please i need your advice on what to do, as i dont know whether i can apply under the eea 2006 or go for permanent residence
please do you think i should make the separation official by doing deed of separtion, as i dont know what the home office will ask for as i dont have her passport, please urgent help is needed thanks

Twin · Post by **Twin** » Sun Dec 09, 2007 9:40 pm

Hello, i'm sorry to read your predicament.

However, my advise to you is to try and work things out with her if possible. I am paying a huge price for not producing my husband's passport when the home office requested for it in July.

The frank truth is that you are most likely to be refused if you don't produce the passport. However, I think you might still have a better chance, being an eea spouse rather than a British one. Immigration rules seem to favour eea spouses better. If I am not wrong, you can still gain your permanent residence even after divorce but i'm sure other members who are more experienced in this field will be back shortly to advise you better.

I wish you all the best but if you can fix it and work things out, i'd say you stick it out.

Post by **John** » Sun Dec 09, 2007 10:52 pm

Twin, what sort of application were you making? Under UK immigration law, or EU?

jamesadegoroye, the EU regulations that came into force on 30.04.06 have greatly improved your situation. Firstly you are still within the definition of "family member" of your wife, and accordingly you are permitted to stay in the UK at present, even though not living with your wife.

Furthermore, and strangely only if the divorce has happened by then, given that it sounds like you have lived with your wife for at least 3 years, and at least 1 year of that was in the UK, when next August or September you apply for your PR sticker, you will be able to get that, even though then divorced from your wife. You will not be required to present your (ex-)wife's passport.

Strangely if by then you are still just separated then you could encounter real problems, given no continuing rights under the EU regulations.

So if the divorce is definitely going to happen, best to speed that along so that it happens sooner rather than later.

love · Post by **love** » Mon Dec 10, 2007 10:07 am

can you change your name to an alias. moderator pls help him on this, just to be on the safe side.

jamesadegoroye · Post by **jamesadegoroye** » Mon Dec 10, 2007 1:48 pm

thanks for your reply, my wife is making my life a hell, i am definitely going to divorce her now, i think the best option for me is the divorce, but i am also thinking what will happen if i do the deed of separation. Anyway your reply is much appreciated and i am going to get a divorce lawyer and divorce her straightaway
thanks
JA

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 1:52 pm

A deed of seperation will not help for immigration purposes. They will now only accept the decree ABSOLUTE in these Rights of Residence applications.

Victoria

jamesadegoroye · Post by **jamesadegoroye** » Mon Dec 10, 2007 2:37 pm

thanks for your reply, i am just wondering what will happen if the divorce was put in but not been decided before i put the application in in september 22. will i still retain the right to PR

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 2:47 pm

Not unless you can get a lot of documents from your wife to prove that she has been resident here for the past five years. And her passport.

Victoria

jamesadegoroye · Post by **jamesadegoroye** » Mon Dec 10, 2007 3:28 pm

Thanks victoria, i have all the cohabitation document, which proves that we are together for 5 yrs, and i have the photocopies of her passport and the photocopies of the green card she was given when we applied for the residence in 2002 but there is no way she is going to give me her passport, she has agreed to divorce, but i dont know how long this will take, i have to put the application in by ending of July 2008, 6 weeks before the current 5 years residence runs out. I read the EEA 2006 section 6, which says that if i have lived with her for 3 yrs immediately before the initiation of the divorce i will get the PR, but i am just wondering iwhat will happen if it the divorce does not come through by July. i am scared please help with any adivice

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 4:28 pm

If you have all the docs you may be okay.

Victoria

jamesadegoroye · Post by **jamesadegoroye** » Mon Dec 10, 2007 4:37 pm

Hi Victoria thanks for the message, i just hope she proceeds with the divorce very soon. its much appreciated

jamesadegoroye · Post by **jamesadegoroye** » Mon Dec 10, 2007 5:00 pm

Hi i just spoke with my wife now and she has agreed to the divorce, which is looking very good; anyway i just want to ask a question, if the divorce come through by july, do i still have the right to remain here to put the application in forthe eea 4 in september, given that my papers runs out in september ,

VictoriaS · Post by **VictoriaS** » Mon Dec 10, 2007 5:13 pm

Yes, that is fine.

Victoria

jamesadegoroye · Post by **jamesadegoroye** » Sat Dec 15, 2007 3:58 pm

Hi John, vicoria and everyone, Compliment of the season to you, i have just contacted my wife again and she is refusing to divorce me or do separation. At the moment we are not living together, i have got my own flat, and i have moved on with my life. I have all the document to show that we lived together for 5 yrs during our marriage and i have the photocopies of her passport, birth certificate and the green card that she was given when we applied for the residence permit under the EEC law. My situation now is that i am going to apply for the Permanent residence in 2008 under the current immigration law, but i am wondering what will happen if i didn't summit her passport with the application as she has refused to give me the passport
or her ID.
In addition, i also want to seek your advice on what i should be doing before my residence runs out, i am currently studying social work degree and i am in the final year, i also do part time jobs with my studies, but i am thinking of differing my admission for a year so i can do full time jobs as this might help the application.

I have gone to the family solicitor for divorce but they said they would need her to agree to it before the divorce can take place, but she doesnt want to give her conscent to the divorce and neither does she want to legally separate.
Please i need urgent advice on these issues
thanks
JA

Post by **John** » Sat Dec 15, 2007 6:39 pm

i have just contacted my wife again and she is refusing to divorce me

Do you have any grounds to divorce her?

jamesadegoroye · Post by **jamesadegoroye** » Sat Dec 15, 2007 8:16 pm

I think i can say she has got another man, maybe that is why she kicked me out, but i am only afraid she might not sign the divorce paper. I dont know what will happen then if she doesnt sign the divorce paper

jamesadegoroye · Post by **jamesadegoroye** » Sat Dec 15, 2007 8:23 pm

I think i should let you know what actually happened, My wife had been refusing to sleep together with me for the past 10 months, and mistakenly i started going on the internet to chat with ladies, and one thing led to the other i started chatting with them through text message and she found out and went mad. She said she would divorce me but now i dont even know what she wants. can i make the application for divorce on the basis that i believe she has met someone ont the net, may be that is why she had refused to show any feelings for me for 10 months.
I believe she had more reason to divorce me than i have but she only want to punish me. i dont know wot to do

jamesadegoroye · Post by **jamesadegoroye** » Sat Dec 15, 2007 8:27 pm

there is no love between us, and there is nothing to call intimate relationship between us anymore, and the fact that she stopped loving me suggest that she might have met another person. and we are just no more compatible together anymore

jamesadegoroye · Post by **jamesadegoroye** » Wed Dec 19, 2007 12:00 pm

Hi everyone, I still need your advice on what to do in concerning my situation, as i mentioned my wife has refused to divorce me and she said she would wait for 2 yrs before she can divorce me. she said she wont sign the divorce form even if i send it,
I am much worried, i have got all her documents except her passport and ID card. Can i convince the home office when i put in the application next year for PR
we have lived together for 5 yrs and i have all cohabitation documents
and i also read that separation doesn't stop an individual from beign a family member of an eec
please your urgent advice is needed thanks
merry xmas

VictoriaS · Post by **VictoriaS** » Wed Dec 19, 2007 12:16 pm

See a divorce lawyer.

There is no way of knowing whether th Home Office will accept the application without her passportt or ID card, but you have little choice but to try.

It is probably not wise to post the nitty gritty of your marital problems on the internet when your user name is your real name...

Victoria

SYH · Post by **SYH** » Wed Dec 19, 2007 1:14 pm

VictoriaS wrote:See a divorce lawyer.

It is probably not wise to post the nitty gritty of your marital problems on the internet when your user name is your real name...

Victoria

amen to that

Immigrationboards.com: Immigration, work visa and work permit discussion board

Help needed, my eea national wife wants a divorce

Help needed, my eea national wife wants a divorce

re divorce issue

Re divorce issue

RE Divorce issue

Re divorce issue

Re my wife is refusing to divorce

RE JOHN

re divorce issue

Re divorce issue