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Divorce while applying for permanent residence

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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djabea
Junior Member
Posts: 80
Joined: Sat Feb 20, 2010 3:11 pm
Location: united kingdom
Algeria

Divorce while applying for permanent residence

Post by djabea » Thu Jul 21, 2016 9:04 pm

I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Divorce while applying for permanent residence

Post by noajthan » Sat Jul 23, 2016 1:35 pm

djabea wrote:I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx
If not finally divorced you are still married. So probably no material change to advise HO about (yet) - as you agreed to do so by signing the Declaration on the application form.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

djabea
Junior Member
Posts: 80
Joined: Sat Feb 20, 2010 3:11 pm
Location: united kingdom
Algeria

Re: Divorce while applying for permanent residence

Post by djabea » Sat Jul 23, 2016 7:06 pm

Aha ok what if she contact the HO and sy that she doesn't want to sponsor me anymore and asking about her ID for example.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Divorce while applying for permanent residence

Post by noajthan » Sat Jul 23, 2016 7:11 pm

djabea wrote:Aha ok what if she contact the HO and sy that she doesn't want to sponsor me anymore and asking about her ID for example.
In that case you are going off-piste and straying into uncharted territory.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Divorce while applying for permanent residence

Post by Richard W » Sat Jul 23, 2016 11:10 pm

djabea wrote:I hi everyone
I apply for permanent residence I have done biometric and I received COA but without my knowledge my wife apply for divorce. What's going to happen now. Thx
If you two were living in the same country for the relevant 5 years, in principle nothing should happen. The Diatta case established that provided your marriage was not one of convenience, there is no need for the marriage to be subsisting for you to derive a right of residence from your wife's being a qualified person. (The situation might have been different if the UK had voted to remain in the EU.)

As to your wife's ID, do you have other evidence that she is still an EEA citizen? I am not sure that they can refuse to accept her ID as evidence even if your wife claims you stole it from her, and you may even be able to use your residence card as evidence that your wife is an EEA national. It proves that she was accepted as such, and even current ID is at best proof of nationality up until the last opportunity to confiscate it.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Divorce while applying for permanent residence

Post by noajthan » Sat Jul 23, 2016 11:26 pm

Another case involving impending divorce (amongst other things):
http://www.immigrationboards.com/eea-ro ... e#p1378330
All that is gold does not glitter; Not all those who wander are lost. E&OE.

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: Divorce while applying for permanent residence

Post by member » Sun Jul 24, 2016 12:20 am

Did you send any proof of her ID with your application?

How did she exercise her treaty rights in the UK before you made the application?

djabea
Junior Member
Posts: 80
Joined: Sat Feb 20, 2010 3:11 pm
Location: united kingdom
Algeria

Re: Divorce while applying for permanent residence

Post by djabea » Tue Jul 26, 2016 7:12 pm

member wrote:Did you send any proof of her ID with your application?

How did she exercise her treaty rights in the UK before you made the application?
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Divorce while applying for permanent residence

Post by noajthan » Tue Jul 26, 2016 8:29 pm

djabea wrote:
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.
There are ways and means for HO, at your insistence, to verify an estranged spouse's credentials.
Suggest contact HO to make clear you are not withdrawing your application.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

djabea
Junior Member
Posts: 80
Joined: Sat Feb 20, 2010 3:11 pm
Location: united kingdom
Algeria

Re: Divorce while applying for permanent residence

Post by djabea » Tue Jul 26, 2016 8:45 pm

noajthan wrote:
djabea wrote:
She got permanent residence as eu memeber
She told me she will destroy my application and she did
She contact HO asking for her ID and Pr
I don't know what will be with my application now
I have done my biometric enrolment yesterday.
There are ways and means for HO, at your insistence, to verify an estranged spouse's credentials.
Suggest contact HO to make clear you are not withdrawing your application.
She contacted them and she said that there's a domestic violence wish it's a lie. She run away with my daughter. They can do invasigation if they want cz she didn't find a credibility grounds to destroy my life. What I need to tell HO now?

Carling40
Member
Posts: 197
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Australia

Re: Divorce while applying for permanent residence

Post by Carling40 » Wed Jul 27, 2016 6:19 am

Hi
You are still married while your divorce is ongoing, divorce is traumatic enough without the residence issues attached so I know how you feel. I would suggest all you need to do is follow advice from Noajthan and ensure your application is not withdrawn and see what happens. A material change you need to inform the HO about would only be when a decree absolute has been issued, touch wood the application would be complete before decree absolute is issued. By the way there are consequences for lying if your ex thinks that's the way to go. Always best to stay as civil as possible.

member
Member of Standing
Posts: 297
Joined: Thu Sep 29, 2011 7:23 am

Re: Divorce while applying for permanent residence

Post by member » Wed Jul 27, 2016 7:49 am

djabea wrote:She contacted them and she said that there's a domestic violence
Did she lodge a police report about incident as well?

Don't know whether it concerns you? -----> https://www.gov.uk/visas-when-you-separ ... ome-office

djabea
Junior Member
Posts: 80
Joined: Sat Feb 20, 2010 3:11 pm
Location: united kingdom
Algeria

Re: Divorce while applying for permanent residence

Post by djabea » Wed Jul 27, 2016 8:07 am

member wrote:
djabea wrote:She contacted them and she said that there's a domestic violence
Did she lodge a police report about incident as well?

Don't know whether it concerns you? -----> https://www.gov.uk/visas-when-you-separ ... ome-office
Nop she contacted HO the 20th and she moved the 22nd even she signed the new tenancy agreement.

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