My EU wife wont divorce

[Jasonandrey]

Hi
any one could help me in my case?
I'm married polish Girl for 6 and 5 months and we moved on to UK at October 2014 I had in this time Visa family member 6 months from UK embassy in Poland and i got my permit resident card Family member in April 2015 ..we still living in UK but our life change for Hell all respect between us broken and I want divorce but always she refuse and don't want it...
can i get my permit job by myself even we don't divorce?
we still living together but really I don,t love her and I want start new life :'(

[Obie]

You may start divorce even if she does not want to, so long has the marriage has irretrievably broken.

[Jasonandrey]

thanks you for reply
but how can i obtain permit job? can I apply before divorce or after divorce?

[Casa]

If you divorce, you will have no right to Retained Right of Residence in the UK as it appears that you have been married for less than 3 years.

You should also be aware that the divorce process in the UK can be lengthy, especially if your wife doesn't give consent.

"The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:
Adultery.
Unreasonable behaviour.
Desertion.
2 years separation with consent.
5 years separation (no consent required)"

[Obie]

If you divorce, you will have no right to Retained Right of Residence in the UK as it appears that you have been married for less than 3 years.

You should also be aware that the divorce process in the UK can be lengthy, especially if your wife doesn't give consent.

"The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:
Adultery.
Unreasonable behaviour.
Desertion.
2 years separation with consent.
5 years separation (no consent required)"

I am not sure that is correct. OP said he has been married since 6 Years and 5 months, and that they entered the UK in OCtober 2014, i therefore believe he will qualify.

[Casa]

If you divorce, you will have no right to Retained Right of Residence in the UK as it appears that you have been married for less than 3 years.

You should also be aware that the divorce process in the UK can be lengthy, especially if your wife doesn't give consent.

"The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts:
Adultery.
Unreasonable behaviour.
Desertion.
2 years separation with consent.
5 years separation (no consent required)"

I am not sure that is correct. OP said he has been married since 6 Years and 5 months, and that they entered the UK in OCtober 2014, i therefore believe he will qualify.

The absence of the word 'years' confused me.
@Jasonandrey Is your wife exercising her Treaty rights in the UK?

[Jasonandrey]

Yes both of us working currently
But last 6months we had claimed job seeker
We are in uk over 3 years
Marriage 6 years and 5months
Can I apply to home office without divorce ? But how can I prove for them the day of separation?

[seagul]

If she was excercising her treaty rights for 5 years then you can request her to support your application for permanent residence (settlement). In my view it's better not to divorce now rather sort out PR then you can divorce her even she is willing or not.

[Obie]

The absence of the word 'years' confused me.
@Jasonandrey Is your wife exercising her Treaty rights in the UK?

You have a point. I was rather puzzled, until i read the bit about having subsequently entered the UK in 2014.

I accept that the post was not one of the clearest.

[Casa]

If she was excercising her treaty rights for 5 years then you can request her to support your application for permanent residence (settlement). In my view it's better not to divorce now rather sort out PR then you can divorce her even she is willing or not.

If you read through the opening post, you will see that the OP and his wife have only been in the UK since October 2014 and neither are close to qualifying for pR.

[Jasonandrey]

We got just 3 years in uk
And 6 years and 5months married
Can I apply to home office without divorce ?
Our relation is hell
She don’t want divorce

[Casa]

We got just 3 years in uk
And 6 years and 5months married
Can I apply to home office without divorce ?
Our relation is hell
She don’t want divorce

Are you living separately?

[Jayjay2017]

You can apply without divorce; as under EU rules you still have continued rights of residence as a separated spouse of an EU national.

It’s better to get a divorce though in order to separate yourself from the risk of your wife not fully co-operating. Your best course of action will be to divorce and apply for a retained rights of residence. You will still need your wife to provide you certain documents in order to apply for a ROR

[Obie]

You can't apply without divorce, as there is no right to a retained residence without a divorce.

If the relationship has irretrievably broken, then you need to do have a long chat with her.

[Jasonandrey]

WE still living together in the same address
She won’t divorce and always she saying that still love me she stick on me ...
But honestly after 6 years and 5months married and more problems in Poland and uk
I decided to finish this marriage
I can’t live with her any more ...
That’s why I’m asking if I can apply without divorce or any one advice me what I should do
We married in 2011
I got polish permanent resident as well we moved to uk October 2014

[Obie]

WE still living together in the same address
She won’t divorce and always she saying that still love me she stick on me ...
But honestly after 6 years and 5months married and more problems in Poland and uk
I decided to finish this marriage
I can’t live with her any more ...
That’s why I’m asking if I can apply without divorce or any one advice me what I should do
We married in 2011
I got polish permanent resident as well we moved to uk October 2014

If you are not happy and the marriage is causing you distress, then you can move out and file a divorce, i am sure she did not stop you from doing that.

[Jasonandrey]

WE still living together in the same address
She won’t divorce and always she saying that still love me she stick on me ...
But honestly after 6 years and 5months married and more problems in Poland and uk
I decided to finish this marriage
I can’t live with her any more ...
That’s why I’m asking if I can apply without divorce or any one advice me what I should do
We married in 2011
I got polish permanent resident as well we moved to uk October 2014

If you are not happy and the marriage is causing you distress, then you can move out and file a divorce, i am sure she did not stop you from doing that.

that's what i have to do
and I'm asking about it...so if i file divorce what can i do with home office ? i worry that before Divorce she leave UK or when processing Divorce she may stop job

[Jasonandrey]

I got all Document since we came to UK till now Job centre letters council tax gas internet bills tenant contract ....

[Wise]

I read your text and i just felt for you. Why don't you ask all the people that is advising you to divorce? what are the implication of your divorce, the new journey you will embark on, type of all documents you will need to get ROR and take it from there. Otherwise you will meet yourself back in Poland where you both come from.

[Dapsondapson1]

Well said... @Wise

[Jasonandrey]

I read your text and i just felt for you. Why don't you ask all the people that is advising you to divorce? what are the implication of your divorce, the new journey you will embark on, type of all documents you will need to get ROR and take it from there. Otherwise you will meet yourself back in Poland where you both come from.

That’s why I’m asking if can I apply without divorce? Because as I said I got all documents and bills and proof that we are in uk over 3 years ...

[Obie]

The answer to that question is a no. A person who is a non-EEA national is unable to retain right of residence or apply in their own right unless he is divorced from the EEA national or the EEA National dies, or the EEA national leaves the UK, and they have a child together who is residing in the member state and is attending school.

[Wise]

I think i just have to help you with this sentences below!

Whenever men found themselves in this circumstance that you are right now, the worst case is when the issue of begging/pleading shift to your side (crucially documents wise) I can tell you. IT IS NOT GOING TO BE FUNNY as it might be too late.


Food for thought.

[tmonaghan]

It's probably the case that his wife does not want to divorce until she was able to apply for PR... Why don't you guys have a conversation with your wife to find out why she is not willing to divorce you even though both are sharing the same home... You could help each other out and remain married until both assured PR to stay in the UK... We have seen so many cases where one or both were not interested to help each other with their immigration issues and went for divorce and losing their right to remain under EU law.

[Jasonandrey]

Hi
my EEA wife decided to leave UK without apply for Divorce...
so what documents i need for get my permit resident in UK?