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OK , to be honest with you , you need to come clear with your story . Was ur brother marriage to EEU family? and why are the separated instead of devorce? and why is he sending his document to de HO?bebe2 wrote:hi everyone thanks in advance for any comment.
my brother has submitted his eea pr applicatin to the home office since november 2007, in may 2008 he got a letter asking for more informationwhich he submitted in june. it now oct and he still hasnt havent heard from them.he and his wife are separated and his lawyer explained this to the ho in a separate letter. how long does it take them to make a decision these days. i know know he is likely to be denied but they should make a decision so he knows what step to take next.
Indeed, and a judge would certainly take the same position: such a long time of separation is most likely final. He can argue the case with the Home Office, certainly if his wife is still cooperative. If not, he should file for divorce, because then he satisfies the letter of the law for retaining the right of residence. As strange as it sounds, his legal position is actually better once he is divorced, because then he no longer depends on the status of the wife.bebe2 wrote:my bro lawyer told him to state his case on grounds of separation as my bro was against getting divorce just 8mths before his pr is due and he thinks he will still come as her clothes and stuff are still in the house but its been over a year now.
Technically he would need to present the decree absolute, or he will be classified as a dependant. However, it seems that filing for divorce is sufficient to convince the Home Office that the relationship has broken down. And unless he is perfectly sure that it is an amicable divorce, he should get a lawyer involved anyway, so I would just bring up that question.bebe2 wrote:he will have to go it alone, what if he was to start divorce proceedings now would that help am sure it will be a quick one as she will be more than happy to get rid of him