eea pr refusal, appeal on human right?

[bebe2]

hi, a few of you may have read my thread before, my brother who is separated from his eea wife was refused pr becos his wife eea I.D has expired his lawyer has appeal and the hearing is the 15th dec. he is refusing to get a divorce for religious reasons but am sceptical about the human right route am thinking his lawyer wants to argue that as long as he is still legally married to his wife then he shouldnt be asked to leave the uk .especially as the wife is still here and exercising treaty. could this work? pls help any comment much appreciated.

[Ben]

my brother who is separated from his eea wife was refused pr becos his wife eea I.D has expired

Was this the only reason for refusal? The fact that an EEA national's National ID card has expired is not necessarily an indication that they have ceased to be an EEA national.

Still, since the National ID card is expired and thus invalid, why doesn't the EEA national spouse simply renew it?

[Frontier Mole]

The out of date ID card was used by the non EEA spouse in an attempt to gain PR. The EEA does not want the marriage to continue and wants a divorce hence there is not a hope of a valid ID card being made available to the non EEA spouse. If the non EEA spouse would agree to a divorce then there is a chance for him to stay but until he does so funnily enough his wife is not about to support his application.

A stale mate if ever I saw one. The thing is the non EEA will lose out as he can not get access to PR without proof that his wife is exercising her treaty rights and appropriate ID. OR he divorces.

She should really just move out of the UK for a bit and report him to UKBA as he would have no right to remain and could be easily removed. Not what the OP wants to hear but until the brother sees sense nothing is going to move forward.

[republique]

hi, a few of you may have read my thread before, my brother who is separated from his eea wife was refused pr becos his wife eea I.D has expired his lawyer has appeal and the hearing is the 15th dec. he is refusing to get a divorce for religious reasons but am sceptical about the human right route am thinking his lawyer wants to argue that as long as he is still legally married to his wife then he shouldnt be asked to leave the uk .especially as the wife is still here and exercising treaty. could this work? pls help any comment much appreciated.

I don't completely understand the story or the argument
But the human rights argument is typically a very weak one.
It has to more so along the lines of a fundamental right being violated. Not divorcing for religious reason is not very fundamental, not to say the your right to practice religion isn't fundamental but if you practice it to your dentriment, then its your problem.

[bebe2]

thank for all ur reply,

the human right arguement is : it will be unreasonable to deport him whem his wife is still here and exercising treaty, and i think he is seccretly hoping that the girl comes back. even if he decides to get a divorce, it would take at least six mths and his hearing date is 15th dec.

he cant stay as an illegal for six months or the pr on ground of divorce would be invalid. can he ask for some kind of extention for six mths who could grant this? pls help all suggestion welcomed.