Could Divorce Affect Wifes Visa Status ?

[scorpio]

hi,

me and wife are going through very bad patch at minute, things arent looking good but to cut a long story short without going too much into our private lives i need some answers. wife has been in uk now 5 years, EEA permit , ,her 5 year resident stamp expires in march 2013. i am uk /irish passport holder living uk.. 1 month ago i submitted her PR application to ukba.

in the event of divorce could she have problems, i really dont want her to and i will not get a divorce if i think she will get deported. she really is lost without me and doesnt have any family or close friends in uk and i want to help her as much as i can, we have a 3 year old daughter together ( child born in uk )

can anyone give me some advice please. much appreciated..

[mike123ca]

Your a very generous person,

If I was divorcing my wife,

I would be calling up immigration to show

her the door.

Sorry, I can't help you with your request.

Maybe you can call up the office that issued

her visa and they could give you an answer.

[paully]

"1 month ago i submitted her PR application to ukba."

If she has permanent residence in the UK and you then divorce, she should be fine to stay.

[TommoPhysicist]

"1 month ago i submitted her PR application to ukba."

If she has permanent residence in the UK and you then divorce, she should be fine to stay.

And stay in your house after having you removed.

[cuddleypete]

Hi there scorpio iam sorry to hear things are bad Is there anyway you could sort it out between you 2 ??

as regarding your wifes visa iam not 100% sure but i think it will make no differance But iam sure 7by7 or other posters will give you the right answer

all the best

[7by7]

I am by no means an expert on the EEA regulations, but on Residence documents for non-EEA family members of EEA nationals it says

If you are a non-EEA national who has been living in the UK on the basis of your relationship with an EEA national, can you stay in the UK if the relationship ends?

If you were related to an EEA national by marriage or civil partnership but the relationship has ended through death, divorce, dissolution or the EEA national's departure from the UK, it is possible that you will retain a right of residence in the UK under European law. For more information, phone our European enquiries contact centre and speak to one of our advisers. (See EEA residency enquiries)

If you were the unmarried partner of an EEA national and the relationship has ended, you no longer have the right to live in the UK under European law.

Note that it says "possible" not "definite" or even "probable."

Scorpio, you say that your wife will have completed her 5 years residence in March 2013; haven't you applied a bit early?

I am not sure how far in advance one can apply, but Para 6.5 of Chapter 6 of the European Casework Instructions clearly shows that applications should be refused if the applicant has not completed 5 years residence or provided evidence that they have.

Refuse Permanent Residence Card - non-EEA national has not completed 5 years residence:

Regulation 15 (1) ( b ) of EEA Regulations 2006

ECD.3130 is the appropriate refusal template.

Wording:

"You have applied for Permanent Residence on the basis that you are the family member of an EEA national and that you have resided in the United Kingdom with that EEA national in accordance with (state relevant EU law) for a continuous period of 5 years. However, you have not resided in the United Kingdom with your EEA family member for 5 years."

Edit; change ( to ( ; silly smiley software!

Edit 2: Wont do it in the above! Grr!

Edited November 27, 2012 by 7by7

[jbrain]

me and wife are going through very bad patch at minute,

You say.Havent we heard the same story of you like 7 times on this forum?

i really dont want her to and i will not get a divorce if i think she will get deported. she really is lost without me

You don't really believe that yourself, don't you? From your earlier stories I belive that she has been counting down to this day.

Be a man and release yourself, there are 20.000 lady's waiting for you where you picked her up.

Edited November 27, 2012 by jbrain

[scorpio]

well i suppose the moral of the story is never take your life/wife for granted because you will be going along just fine then BANG !! you fall down like a tonne of s**t.

and yes i suppose i am generous and naive/stupid or whatever people want to call it but we have a beautifull 3 year old daughter to consider, maybe if this does go ahead and we cannot sort it out then i will wait untill after her PR.

to 7X7 thanks but she is applying early as i have a serious liver disease ( currently waiting on more bad news ) so i am permanently incapacited and ukba has a statement from doc and hospital records as evidence, so im guessing there will be little to stand in her way of PR then again i dont know much about visa regulations etc.

[7by7]

In which case I think, but am not certain, that she can apply early.

However, I am still not certain that even with PR she could remain in the UK were you to divorce as her PR is dependent on her relationship with you. It is not like ILR under the immigration rules; if she had that then she could remain if your marriage subsequently ended.

I suggest that you contact the EEA residency enquiries section to find out for sure.

[Eff1n2ret]

This extract from the caseworking instructions relating to the EEA Regs may be relevant:-

6.1 Retention of the right of residence following divorce or annulment of marriage/dissolution of civil partnership

A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:

1. the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and
   
2. the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or
   
3. the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or
   
4. there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
   

In such circumstances a family member retains a right of residence if:

(a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,

b - S/he is a self-sufficient person, or

c- S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.

See Regulation 10(5) of the 2006 Regulations for more information.

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

Edited November 28, 2012 by Eff1n2ret

[TommoPhysicist]

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

You might also need to understand the rules change if she alleges 'domestic violence'

[scorpio]

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

You might also need to understand the rules change if she alleges 'domestic violence'

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

You might also need to understand the rules change if she alleges 'domestic violence'

excuse me tommo but there is no domestic violence !! <deleted> i think she has been more spoilt and pampered than any other thai girl i know who is married to a farang in uk.

[jbrain]

excuse me tommo but there is no domestic violence !! <deleted> i think she has been more spoilt and pampered than any other thai girl i know who is married to a farang in uk.

I have no doubts about that. Let the bird free Scorpio and releave yourself.

[7by7]

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

You might also need to understand the rules change if she alleges 'domestic violence'

What rule changes?

As far as I am aware there have been no recent changes to the EEA regulations on this point. Could you enlighten me?

Not that it's relevant to Scorpio, anyway.

[TommoPhysicist]

Note that it is the date of actual termination of the marriage, not separation which is relevant in such cases, and effectively she has to have a job, or be a jobseeker or have sufficient funds or other income, r have custody of the kids to be classed as self-sufficient to benefit from these provisions.

You might also need to understand the rules change if she alleges 'domestic violence'

What rule changes?

As far as I am aware there have been no recent changes to the EEA regulations on this point. Could you enlighten me?

Not that it's relevant to Scorpio, anyway.

I believe in a case where 'domestic violence' is claimed by the foreign woman, the normal requirements for her staying in the UK are waived.

[7by7]

Under the UK immigration rules a spouse can apply for ILR without meeting all of the usual requiremnts, such as residency, if they are the victim of domestic violence. There is a bit more to it than simply claiming to be a victim, though. They have to provide evidence such as police and medical reports to support their application.

I am not aware of any recent changes to the immigration rules in this area. You seem to be; can you provide a link to them?

Scorpio's wife is not in the UK under the UK immigration rules. He has dual British/Irish nationality and she used his Irish nationality to enter the UK under the EEA regulations. Having done this she cannot now switch to the UK rules. Not that she is the victim of domestic violence anyway.

There are domestic violence provisions under the EEA regulations, but again I am unaware of any recent changes. If you are, again can you provide a link to them?

[TommoPhysicist]

There are domestic violence provisions under the EEA regulations, but again I am unaware of any recent changes. If you are, again can you provide a link to them?

You misread my post.

[7by7]

Apologies, I did.

You posted

You might also need to understand the rules change if she alleges 'domestic violence'

and I read "rules change" as "rule changes!"

Doh!

Apols again.

[Soutpeel]

excuse me tommo but there is no domestic violence !! <deleted> i think she has been more spoilt and pampered than any other thai girl i know who is married to a farang in uk.

But of course you where going to confiscate her passport in another thread to stop her leaving the country were you not ?

So domestic violence no...but holding somebody "hostage" in the country they may not to be in.... maybe ?

[scorpio]

excuse me tommo but there is no domestic violence !! <deleted> i think she has been more spoilt and pampered than any other thai girl i know who is married to a farang in uk.

But of course you where going to confiscate her passport in another thread to stop her leaving the country were you not ?

So domestic violence no...but holding somebody "hostage" in the country they may not to be in.... maybe ?

excuse me tommo but there is no domestic violence !! <deleted> i think she has been more spoilt and pampered than any other thai girl i know who is married to a farang in uk.

But of course you where going to confiscate her passport in another thread to stop her leaving the country were you not ?

So domestic violence no...but holding somebody "hostage" in the country they may not to be in.... maybe ?

wouldnt call it holding someone hostage now "get real " ok lets put it another way. my wife has to travel with my child if she wants to go to thailand and take all my money out of the bank ( which she did threaten to do ) ok it was in a heated exchange but she did say it. anyway im the father of the child so i can legally hold onto my childs passport if i so wish.

interested to know what you would do southpeel in this situation. ive looked at many of your replies over the past year or so , i have even reported a few replies you made to me some way back, a fair percentage of them are negitive and your an advanced member ?

[AngryParent]

...snipped...

Then the first thing you should do is call the bank! Then post this question to the business/money forum - might save your marriage/life!

Good luck!

[SeaVisionBurma]

Posts with derogatory remarks have been removed.

Kindly note forum rules:

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Please keep your comments civil and respectful.

[Soutpeel]

anyway im the father of the child so i can legally hold onto my childs passport if i so wish.

You really must keep track of what your writing....you were talking about confiscating your wifes PP in the first instance, as regards your comment regarding your childs PP, your wife has the same legal right BTW

"i will try get her passport and keep it from her so she cannot fly or even my daughters passport"

[transam]

OP, are you the problem ?

[scorpio]

no transam, we are both to blame . if only you knew half of it but im still not going to run my wife down on an open forum. <deleted> im bending over backwards to accomadate her here and do the right thing and make her life as good as can be. if i wanted to be a s**t i would cancel her two sons pending visa,s and also write to ukba and withdraw all my PR application information and make her do it all herself. its been a nightmare !!

would a thai do that for a farang ?

[scorpio]

anyway im the father of the child so i can legally hold onto my childs passport if i so wish.

You really must keep track of what your writing....you were talking about confiscating your wifes PP in the first instance, as regards your comment regarding your childs PP, your wife has the same legal right BTW

"i will try get her passport and keep it from her so she cannot fly or even my daughters passport"

what i am writing is this , if witholding my wifes thai passport is illegal then obviously i will not do that but i have the right as a father to withold my biological childs uk passport any time i wish unless a court judge rules otherwise do you understand now ?

still asking you , what would you do in this situation and your still avoiding my question, why ?

[transam]

no transam, we are both to blame . if only you knew half of it but im still not going to run my wife down on an open forum. <deleted> im bending over backwards to accomadate her here and do the right thing and make her life as good as can be. if i wanted to be a s**t i would cancel her two sons pending visa,s and also write to ukba and withdraw all my PR application information and make her do it all herself. its been a nightmare !!

would a thai do that for a farang ?

I know similar stories where the biggy was a lady bringing the extended family to UK for ''The Good Life'', doesn't work chum. Seen it, big problems cos the Thai does not understand UK stuff. Sorry for your babe but she will be brought up the Thai way and they would be better off in Thailand. If your relationship is over and you have been used for someone to come where the streets are paved with gold, well, hmmm. Your decision but my pal has just been stuffed in a similar way, divorced and is still paying the price.

[Soutpeel]

still asking you , what would you do in this situation and your still avoiding my question, why ?

What would I do...appears the writing is on the wall in this relationship, so retain a solicitor and start divorce proceedings, not rocket science, it see's to me with all due respect based on this thread and your other one..you do have "control" issues when it comes to your spouse, you dont want to leave the relationship but you want her to stay and control her..

[7by7]

I know if my wife wanted to divorce I wouldn't support any visa allowing her family to come over

The success of her PR application and that of her sons' family permit applications is dependent upon the marriage still being extant.

Therefore it could be argued that Scorpio's wife applying for PR and her sons for EEA family permits when the marriage is over and they will be divorcing once she has PR and her sons are in the UK, or at least that is likely, that both Scorpio and his wife are guilty of deception.

Only a thought; I'm not knowledgeable enough to give a definite opinion.

[endure]

A number of flames have been removed. The OP is looking for advice on his wife's visa status not snide remarks on the state of his relationship.