EEA PR but divorce in process

[haidhu80]

Dear Members,
This question might have been answered but I just wanted to know if someone can help me.

If someone is about to complete 5 years or have already completed 5 years as a spouse of an EEA national and wants to apply for PR but is in the process of divorce so what can he do? The sponsor is not willing to provide ID and is not cooperating.

Your advise will be highly appreciated and thanking in advance.

[Minovilla]

you need to wait till you have decree absolute then go ahead with 5 years treat right of your ex and explain why you cannot provide id in cover letter and emails or phone chat with ex refusing to help .

good luck

[Obie]

It is legally possible for a person to apply under Regulation 15(1)(b), even if they have not received a decree absolute.

[haidhu80]

It is legally possible for a person to apply under Regulation 15(1)(b), even if they have not received a decree absolute.

Thanks Obie for the citation. I will check the regulation. Your help is highly appreciated.

[Obie]

However a huge problem is ahead of you in relation to the ID and her treaty rights documents.

You could apply for a witness summon in this case, in the event of the matter going to the tribunal.

Some EEA national are not always helpful, when you force them to come to the tribunal to give evidence they tend to create problems that good.

I had the misfortune of meeting an EEA national, who created significant problem for the appellant when i forced her to appear, so one has to be careful.

[haidhu80]

However a huge problem is ahead of you in relation to the ID and her treaty rights documents.

You could apply for a witness summon in this case, in the event of the matter going to the tribunal.

Some EEA national are not always helpful, when you force them to come to the tribunal to give evidence they tend to create problems that good.

I had the misfortune of meeting an EEA national, who created significant problem for the appellant when i forced her to appear, so one has to be careful.

So that means it will not be an easy task. If divorce is finalized while the application is pending then will it make any easy? Also, if the the EEA national agrees, then will things will be straightforward or still there will be problems?

[Obie]

Difficult to comment on individual matter as every case facts are very different from each other. Wish you all the best for the future.

[haidhu80]

Difficult to comment on individual matter as every case facts are very different from each other. Wish you all the best for the future.

Dear Obie,
Could you please help me what should I do if the sponsor is not willing to provide her work details to show that she is and has been exercising her treaty rights? As discussed earlier, she is not willing to cooperate and has refused to provide anything. It was over the phone so there is no proof of sponsor's denial.

[Obie]

Is she working at all in the UK?

You can ask the Home Office to check, if they refuse, you can apply for a witness summon for her to come to court.

[haidhu80]

Is she working at all in the UK?

You can ask the Home Office to check, if they refuse, you can apply for a witness summon for her to come to court.

Can we ask the Home Office to check????? Can you possibly give me the relevant law or article where I can ask the Home Office to make investigations of her work. I really do not want the matter to go to court.
thank you very much Obie. You have been very helpful.

[Obie]

I am extremely confused by your case, on the one hand, you are sponsoring a wife overseas. On the other hand you are about to get a divorce from an EEA national. What is the actual case.

immigration-for-family-members/spouse-e ... l#p1674296

[CR001]

I am extremely confused by your case, on the one hand, you are sponsoring a wife overseas. On the other hand you are about to get a divorce from an EEA national. What is the actual case.

immigration-for-family-members/spouse-e ... l#p1674296

Mmmm, and OP was British in October looking to sponsor brother in Pakistan in Ireland too.

ireland/brother-in-pakistan-t265639.html#p1691542

[haidhu80]

I am extremely confused by your case, on the one hand, you are sponsoring a wife overseas. On the other hand you are about to get a divorce from an EEA national. What is the actual case.

immigration-for-family-members/spouse-e ... l#p1674296

Mmmm, and OP was British in October looking to sponsor brother in Pakistan in Ireland too.

ireland/brother-in-pakistan-t265639.html#p1691542

Dear Moderator
In my previous posts, I mentioned about myself and wanted to gather some information and I think there is nothing wrong with it because this is why this forum is there and I really thank the people who took their precious time out to reply me back.
Regarding my this post, it is not for myself and I have never mentioned that I am going through divorce. You can check the whole post.
It was one of my friend and I asked for him. He was in this situation and I wanted to help him. But if you think that I have done something wrong or illegal then I apologize for that.

[Jefymum]

Hello was in similar situation few months ago. I applied with just my divorce petition and included cover letter. At the time of application, there was serious breakdown in communication so I didn't have EEA passport...I just submitted anyway (to get COA and continue employment). After COA, managed to obtain EEA passport and send it to home office with cover letter. Received PR a few weeks letter. Hope this helps

[Obie]

Dear Moderator
In my previous posts, I mentioned about myself and wanted to gather some information and I think there is nothing wrong with it because this is why this forum is there and I really thank the people who took their precious time out to reply me back.
Regarding my this post, it is not for myself and I have never mentioned that I am going through divorce. You can check the whole post.
It was one of my friend and I asked for him. He was in this situation and I wanted to help him. But if you think that I have done something wrong or illegal then I apologize for that.

I think the problem is that no one likes to be taken for a sucker. Many of us have our daily work, and other things we do, and do not like feeling that people are taking advantage of our kindness and hospitality.

There are many people being oppressed by the British government and its heartless and inconsiderate immigration policies and locking people up in detention indefinitely.

Having someone giving us different identity and different case scenario makes us, or speaking for myself, feel used.

If others wants help, they should register in their own name. I really do not have time for people who take advantage. There are genuine people out dear who are not financially well off and need our help. It really is not fair on them.

[haidhu80]

Dear Moderator
In my previous posts, I mentioned about myself and wanted to gather some information and I think there is nothing wrong with it because this is why this forum is there and I really thank the people who took their precious time out to reply me back.
Regarding my this post, it is not for myself and I have never mentioned that I am going through divorce. You can check the whole post.
It was one of my friend and I asked for him. He was in this situation and I wanted to help him. But if you think that I have done something wrong or illegal then I apologize for that.

I think the problem is that no one likes to be taken for a sucker. Many of us have our daily work, and other things we do, and do not like feeling that people are taking advantage of our kindness and hospitality.

There are many people being oppressed by the British government and its heartless and inconsiderate immigration policies and locking people up in detention indefinitely.

Having someone giving us different identity and different case scenario makes us, or speaking for myself, feel used.

If others wants help, they should register in their own name. I really do not have time for people who take advantage. There are genuine people out dear who are not financially well off and need our help. It really is not fair on them.

Dear Obie,
I really appreciate your time and help and all other members. You are right to say to using fake id and giving different case scenario and taking advantage of someone's time is wrong. As I said earlier, I never said that this is my case. I am British citizen and wanted to apply for my wife and thanks to the forum and honorable members, it was a big help. I also agree with you that if someone has a problem should do it himself. I already apologized for that. Hope you will accept the my apologies.