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Hi everyone,

My partner is Czech. We got married in 2009 and came to uk in 2010 by eea family permit visa. I have got 5 years resident visa last year. My wife now does not want to stay anymore in uk. She has hell lot of reasons for that. For her it is quite easy to jump from one country to another. But for me it is really pain to go through everything once again. We both are working here. Given the situation right now in europe economy wise, it is quite difficult to get the work in a country where you cant communicate in their language. So she has decided even if i dont come with her, she would leave this country. She does not want to divorce me. I am really having a headache thinking that what would be my status once she leaves from here. I was going through eea checklist which states that if i am in a relationship for three years and one of years i have spent in uk. I can apply for the retaining the right of recidence in uk.

I would really appreciate if any of the members here can help me with more information and suggest me what should i do in this situation.

thanks

what is ur nationality

Smallfamily wrote:what is ur nationality

thanks smallfamily my nationality is indian.

could someone plz give me suggestion on my case.....

I don't wanna say this but if you are in this situation where she is leaving you for her pleasure just because she can't adjust in the UK and is not thinking of you to be in a different country where you will be a stranger... then be mean yourself ...

first thing first... don't lie to HO of your partner being out and you being in this country as if they find it they might take action against you. Again when you will apply fro eea4 or PR you need to prove that your wife was exercising her duties etc by doing job work seeker etc. there might be a way but I am not involving me in it as its against law.

Just watch this


RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS

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:
•
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and•
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
•
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
•
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.

OR

read this
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary#

both of above are from fellow members..

hope this work

just to let you know as long as your divorce hearing is going on it also counts in the time of 3 yrs...

Punjab wrote:just to let you know as long as your divorce hearing is going on it also counts in the time of 3 yrs...

but try to sit with her and make her understand your dicfficulties.. it might work like this

Punjab wrote:just to let you know as long as your divorce hearing is going on it also counts in the time of 3 yrs...

Your previous post contradicts that statement:

Punjab wrote:the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution

Punjab wrote:

Punjab wrote:just to let you know as long as your divorce hearing is going on it also counts in the time of 3 yrs...

but try to sit with her and make her understand your dicfficulties.. it might work like this

Hi Punjab,

Appreciate your comments a lot. I think, I better explain you the whole situation so that it makes my case clear. It is really hard for me to write about this whole thing, Though I am not comfortable writing all this but I think to get the concrete suggestions I must say everything.

I invited my wife before our marriage to India to stay with me. I was doin´ quite good job in there so I could afford her all expenses very easily. She did not want to stay in India and insisted we should stay in europe. So I came over and we both got married in Czech Republic. It was financial crisis in 2009 but I took the challenge and started learning czech. I got the work but it was 4 days in a week. In Czech we were staying in the flat owned by my parents in law's. Then my wife decided since we both are not able to save much so we should move to other country.

It was my idea of moving to UK because I thought Language wise there will be no barrier for both of us and we can land something better than what we are doin´ currently. Another reason was she could visit her parents easily as UK is not far away from czech. So in 2010 I started the process for gettin´ family permit and then applied for residence card which I got in 2011, Currently we both are working in UK and staying together. We will complete 3 years of our marriage in May 2012,

My wife has been complaining about the people, weather, buildings, Health services (about health services I also agree to certain extent) in UK for almost one year now. I think I am fulfilling all my duties as a good husband. I pay for everything (including insurance) except flat rent and council tax which we both share. She is pregnant for two months and planning to leave from here since she does not like health services in here. She wants to have our child either in czech or America/Canada (so that our child can get american or Canadian passport). I am trying to convince her if she does not like state run hospital, we can find good pvt. hospital where we can have our baby. The biggest fear of my life is she will leave from here then HO tell me to leave as well and I never see my child. I dont know how would I be able to travel all the way from India to europe or some other country.

I am feeling like being cheated . Her behaviour towards me changed big time for the last one year and it is becoming aggressive day by day.

She does not want to divorce me and given a choice I also dont wanna go for this. I fear once I take divorce then I cant see even my child. Now I am trying to convince her that if she is here, she would be eligible for maternity leave which is six months paid leave by her company. But I am not sure what decision she is gonna take. She told me that she will not work after having our child. Now I have such a headache thinking about all this.

I request all senior members in this forum to suggest me what can I do in such a situation...


Thanks a ton!!!

sent you PM

This is a difficult situation. On the one hand, you have no power over the unborn child, and on the other hand it will be good to make a mutually agreed decision, which does not Jeopardise your marriage and your ability to see your child grow up.

She is allowed to be absent for a one year period for pregnancy or maternity reasons without your residence been affected.

During her maternity leave she is also considered as a worker.

You may be able to get a divorce and retain your right of residence, at a later time, or in fact get a court order once the child is born prohibiting the child from leaving UK, and ordering access takes place hear, but these are all confrontational steps, which i will not suggest, until all other options such as mutual dialogue and counselling has been exhausted.

Punjab wrote:sent you PM

Hey Pal,

Thanks very much for your invaluable inputs. Hopefully things will be better for me.

Thanks once again !!!

any time mate

best wishes

Obie wrote:This is a difficult situation. On the one hand, you have no power over the unborn child, and on the other hand it will be good to make a mutually agreed decision, which does not Jeopardise your marriage and your ability to see your child grow up.

She is allowed to be absent for a one year period for pregnancy or maternity reasons without your residence been affected.

During her maternity leave she is also considered as a worker.

You may be able to get a divorce and retain your right of residence, at a later time, or in fact get a court order once the child is born prohibiting the child from leaving UK, and ordering access takes place hear, but these are all confrontational steps, which i will not suggest, until all other options such as mutual dialogue and counselling has been exhausted.

Hi Obie,

Thanks very much for this information. Appreciate it a lot.

It is a good help from you.

Thank you !!!