EEA national blackmailing Non EEA national, advice needed.

[RayJay]

hello there
one of my acquaintance have asked my opinion regarding his situation, and I have promised I'll post it it here to get any answer.

he is from Afghanistan (non-eea) and she is from Slovakia.

He has 5 year residence permit stamp in his Afghan passport since 2004.
They also have 2 children.
She is threatening to go back to Slovakia with the children, so he can thrown out of UK.
Can she do that? I mean can she take the children without father consent?
Because of their immigrant ion situation she is claiming the child benefit and child tax credit. (which I am getting her a bit of upper hand)

Just out of curiosity If he had the ILR or PR in this case, Is he still a dependent of EEA? i.e. will he still be able to appy for nationality even the wife has left UK?

Regards

[Casa]

If they have been married for more than 3 years I believe that he has to right to apply to remain in the UK. Anyone confirm this?

[Wanderer]

If they have been married for more than 3 years I believe that he has to right to apply to remain in the UK. Anyone confirm this?

Yup, one of which must be in UK.

[thsths]

Can she do that? I mean can she take the children without father consent?

I guess not, but you should ask a professional for the legal details. If the children are not British, this may fall outside of UK law. International cases like this tend to be very difficult.

Just out of curiosity If he had the ILR or PR in this case, Is he still a dependent of EEA? i.e. will he still be able to appy for nationality even the wife has left UK?

Yes, he would be. And since he married and living with an EEA national for 3 years, he should qualify for the retention of the right of residence, as Casa pointed out. However, the law also require that he is divorced to do this. This does not seem to make a lot of sense, but unless a court decides otherwise, the Home Office seems to require a divorce. And without the help of the ex-spouse, the application is going to be rather difficult anyway.

So I think the best thing to do is to agree some kind of amicable solution.