NON EEA FAMILY MEMBER GETTING A DIVORCE

[Juan2142]

Hi all,

I am a South African guy married to an EU Citizen (My wife is Spanish) Coming up in May 2010 we will married for 3years. However, we have seperated from each other about a year as my Wife had fallen ill and returned to Spain to be looked after by her family (we thought at the time it was temporary but as her conditioned worsened she did not return to London) We had lived prior to her falling i'llm together for 2 years in London and being apart from each since last year. Our relationship suffered the cost as the long distance seperated us. I had to carry on working in london to send her money for medical costs for her treatment in Spain. I did not go live in Spain with her as I cant speak spanish, so would not be able to work to cover her medical costs. Since then I have been working and going on with everyday life. We have with a divorce. I was wondering if someone could let me know what happens now? Am I eligible to stay in the UK? Can I retain my rights of residence as a Non EEA member, and if so, what happens in the future If I ever fell in love and wanted to get married again would I be able to? Sorry lots of questions but reallly just need some advice.

thank you.

[Wanderer]

A u r separated u can no longer derive ur right to live here from your wife. If I were u I'd leave ASAP.

[Pakhtoon]

You lost your right to stay in the UK as soon as your wife left. Strictly speaking, you have been living illegally in UK for the past one year.

You need to remember that you have right to stay in the country ONLY when your wife is exercising her treaty rights. Just because you are issued a residet card for 5 years doesn't mean you are independent of your wife.

Whats so special about UK anyway ? I would rather move to Spain.

[86ti]

Absences can be up to twelve months in special circumstances like a serious illness, see Rule 3 of the Immigrations Regulations 2006. If that would apply to you I can't tell but in any case you better get a good lawyer involved in your case.

[zsameer]

if there is no divorce.you are still married.yes you are eligible to stay in uk
According to the Paragraph 10: Part 01 of the Immigration (European Economic Area) Regulations 2006, the family members of the EEA nationals can retain the right of residence under the various circumstances; such as


Death or departure of the EEA family member from the UK.
Termination of the marriage, civil partnership or common law partnership between you and your EEA family member.
Your EEA family member has been ceased the right of residency in the UK.

In order to retain your right of residency you must satisfy the conditions of each qualifying criteria according to the EEA regulations.
but keep in mind

There are some circumstances in which people who are not themselves from an EEA country retain the right to remain in the UK even after their marriage or civil partnership with the EEA national ends. If you have lived in the UK as the family member of an EEA national, and your family member has since died, or you have been the spouse or civil partner of an EEA national for at least three years, but your relationship has now been officially terminated, and you are able to support yourself in the UK without help from the UK authorities, or if your relationship has been terminated and you have custody of an EEA national child, you may be able to remain in the UK, and even eventually to get permanent residence here.

thans

sami

[BLK235]

Your right to stay in the UK is conditional on your wife exercising treaty rights in the UK. Unfortunately as she has left the UK you have lost this right.

To qualify for retention of rights of residence you need to show that your wife has been exercising treaty rights during the time immediately leading to divorce.

[raoulll]

To qualify for retention of rights of residence you need to show that your wife has been exercising treaty rights during the time immediately leading to divorce.

hi BLK235,i'm no EEA national divorced to EEA national after been married for more than 3 years living the whole period in UK
i wondering if it's enough to show that my ex wife has been exercing treaty right during the time of divorce(from filling the petition till the end of divorce) for retain my right of residence.

[Wanderer]

To qualify for retention of rights of residence you need to show that your wife has been exercising treaty rights during the time immediately leading to divorce.

hi BLK235,i'm no EEA national divorced to EEA national after been married for more than 3 years living the whole period in UK
i wondering if it's enough to show that my ex wife has been exercing treaty right during the time of divorce(from filling the petition till the end of divorce) for retain my right of residence.

How many times are you going to ask this question!

[raoulll]

To qualify for retention of rights of residence you need to show that your wife has been exercising treaty rights during the time immediately leading to divorce.

hi BLK235,i'm no EEA national divorced to EEA national after been married for more than 3 years living the whole period in UK
i wondering if it's enough to show that my ex wife has been exercing treaty right during the time of divorce(from filling the petition till the end of divorce) for retain my right of residence.

How many times are you going to ask this question!

till some one answer it

[Wanderer]

To qualify for retention of rights of residence you need to show that your wife has been exercising treaty rights during the time immediately leading to divorce.

hi BLK235,i'm no EEA national divorced to EEA national after been married for more than 3 years living the whole period in UK
i wondering if it's enough to show that my ex wife has been exercing treaty right during the time of divorce(from filling the petition till the end of divorce) for retain my right of residence.

How many times are you going to ask this question!

till some one answer it :lol:

But it has been - several times! Or are you just waiting for the answer you want?!!!

[raoulll]

hi BLK235,i'm no EEA national divorced to EEA national after been married for more than 3 years living the whole period in UK
i wondering if it's enough to show that my ex wife has been exercing treaty right during the time of divorce(from filling the petition till the end of divorce) for retain my right of residence.

How many times are you going to ask this question!

till some one answer it

But it has been - several times! Or are you just waiting for the answer you want?!!!

give me your answer !!!