Please help!!!

[kingmashosho]

Hello All,

I tried to check out if this issue has been discussed previously but didnt see any hence i write to seek for an assistance Please.

I'm a non EU national married to a Romanian with a child who was born in Romania.,and I have my 5 years BRP issued in 2019 when we got in here from Romania together.

My partner insist on returning to Romania with our child or relocating to a different EU country outside the UK or US.

Please, without her presence in the UK will i be issue a Permanent Residence or ILR after the expiration of my Residence Permit whatever the case may be?

Thank you for your assistance and response.

Regards.

[Zerubbabel]

Hello

What type of card have you been issued with? I guess it's EU Settlement Scheme (Pre-Settled) or EEA Article 10.

But regardless, once she leaves the country, especially after only 1 year, you won't be able to renew your card or extend it. It may even be revoked if she informs the Home Office.

[MYRA4U]

If you provide the month/year you got married and as well as the month in 2019 you guys moved to Uk, then people could give you a more reliable information.

[JB007]

My partner insist on returning to Romania with our child or relocating to a different EU country outside the UK or US.

Please, without her presence in the UK will i be issue a Permanent Residence or ILR after the expiration of my Residence Permit whatever the case may be?

Why don't you want to be with your wife? According to your posts, you lived in Romania before she brought you to the UK.

[kingmashosho]

@JB007- Where did I state that I do not want to be with my wife? A woman i ve lived with for 10 years?
Why not read to understand a message before responding to sensitive questions?

Thanks for the other responses.

[JB007]

@JB007- Where did I state that I do not want to be with my wife?

I'm a non EU national married to a Romanian with a child who was born in Romania.,and I have my 5 years BRP issued in 2019 when we got in here from Romania together.

My partner insist on returning to Romania with our child or relocating to a different EU country outside the UK or US.

Please, without her presence in the UK will i be issue a Permanent Residence or ILR after the expiration of my Residence Permit whatever the case may be?

[Zerubbabel]

Hello

Your residence status in the UK depends on your wife's residence status. If you came alone to the UK, they wouldn't have considered your application. It's based on your wife doing a family reunification.

If your wife brings you to the UK then leaves, your immigration status is compromised. The Home Office may or may not see that initially. I have seen people keeping the card years after the departure of the EEA national but when it comes to renew, travel, apply for permanent residence, replacement... etc... that would be the end of the road.

[secret.simon]

Broadly speaking, your rights as the spouse of an EEA citizen are dependent on your EEA citizen spouse and your rights only exist while you reside in the same country as her (you need not be living together in the same house, but both of you must reside in the same EEA-member-state or the UK).

You can get retained right of residence only in case of a divorce. And even in that scenario, there are conditions attached.

[MYRA4U]

Most of these comments are technically true but not factually correct.
Your wife bringing you to Uk doesn’t mean she can send you back anyhow, in most cases ‘Yes’ If you haven’t reached the safety zone, but in some cases ‘NO’.

Home Office understand that! EU as a whole understand that, and that’s why they created that safety zone for Non Europeans.

I know of a story, just one in many stories between couples.
A Romanian girl and African husband, who were married for 4years in Romania, then moved to Belgium for only 9 months, and eventually moved to Uk early last year.
So in summer last year, the Romania woman gave birth to two beautiful twins, few months later the marriage broke down.
While they were still living in the same apartment, the wife started abusing the boy, threatening to send him back to Africa and so many other crazy stuffs, especially when needs something she start to threatening the Young man. One day she call called Home Office, reported that the marriage was over.

The boy was smart, he kept calm, kept a record of all the incidence, videos, calls and threatening messages and all possibly evidence.
The last straw was when she connived with her Romanian girlfriend, and asked her to called the police and accused the boy of hitting her friend/wife and so many other crazy allegation.
Police arrested the boy, investigated and found out it was all false accusations, and that was not the first time.

The girlfriend was arrested and Interrogated, eventually she confessed it was just their plans to send the boy back home.

Even though they were just months in Uk before the incidence happened.
The boy moved to another apartment and yet the Romanian girl couldn’t send him back.
Infact he received his new card from
home office not long ago.

I understand most people on here are doing their utmost best, providing advise and opinion which is extremely helpful to everyone, but again people will provide you their opinion based on the information available.

I believe Home Office Applications are handled on individual merits, that’s why I said early, the more informations you provide the more or less there are viable options for your case.

[Zerubbabel]

I believe Home Office Applications are handled on individual merits

There are no individual merits when it comes to not having an EEA sponsor. If it is about individual merits, any non-EEA national can apply in the UK then the Home Office will evaluate according to individual merits.

The case you described is an exception rather than the norm. If there is a documented abuse, there are circumstances where the person can stay in the UK. Same in case of divorce with "retained rights".

But in the classic situation where someones comes with an EEA national then the EEA national leaves the UK, the sponsored person loses status. It's not helping people to tell them otherwise. I lost years of my life because I was in dead end situations without knowing it early enough and taking it into consideration.

As a forum member, I am relieved when I can tell someone there are such and such options for you. But when the situation is not good, honesty must prevail.

[MYRA4U]

Home office recognises that applications are decided on individual merits..
It’s not my word, it’s Home office word, anyone who’s done application in uk, must have seen the sentence somewhere, that does not mean there are no rules to follow but you can also add your own words if you wish to lol.
Secondly, you can’t call his story classic situation, when you didn’t even make effort to ask for more informations.
If you had taking a few moment, you would have seen there are more to that story..

10 year of marriage, and more than a year in Uk, and both still living in uk, and all we could see first is negative side!!! EU Sponsor this and that!! We could do better guys.
I honestly, think the young man could have an option if we allow him to provide his full stories, instead of throwing him under the bus.

Again,I sincerely appreciate your efforts and of those genuinely helping out, but my point is that it’s very important we understand the full story before we provide advise, especially in a dramatic situation.

Anyone that comes on here comes seeking for genuine help, though I also understand that the responsibility lies on anyone seeking for a reliable information to be forthcoming. “Your doctor will give you medication base on the information you provide to him”

One love Mate

[kingmashosho]

Thank you so much for the above responses and for the questions asked, here are the answers to enable you assist me further.

We were leaving together but was legally married in Romania in February 2018, after we had our child in November, 2011.
We moved to the UK in March 2019, and was given pre settled status and I have a BRP card of 5 years.

What will really be my situation if she decides to end the marriage now and files for divorce? What about if she leaves without a divorce?
Do I have to contact the HO if she does or to allow the expiration of my 5 years residence permit?

Please, i would really appreciate your assistance and provide any useful answers to help me further.
I need advise please.

Thank you.