Marriage breakdown - what are the ramificatioins

[amime]

My ex-husband is a non-eea national, married to an eea national living in the UK (he is 3 years into his 5 year visa). Our marriage has broken down and I definitely will not be returning to him.

My questions therefore are
If I report the fact that our marriage has broken down to the UK Border agency what will happen to him?

If I don't report our breakup to the UK Border agency what are the potential consequences for me legally if they find out I left him and did not report the fact?

[amime]

My ex-husband is a non-eea national, married to an eea national living in the UK (he is 3 years into his 5 year visa). Our marriage has broken down and I definitely will not be returning to him.

My questions therefore are
If I report the fact that our marriage has broken down to the UK Border agency what will happen to him?

If I don't report our breakup to the UK Border agency what are the potential consequences for me legally if they find out I left him and did not report the fact?

OK. I have since found some answers after a search.

1. He can apply under EEA4 since we were married for three years, one of which was in the UK.
2. Advise UK border agency because I don't want to get done for fraud.

Are the above answers all correct?
... and is it ok to ignore him for the rest of my life? I had hoped we could perhaps be friends but he just simply sucks the life from me.
Men!!!! No matter where they originate they are all still a problem.

Obviously I no longer feel emotionally attached, so am not actually a callous human being - laughter has always worked for me.

[John]

My ex-husband is a non-eea national, married to an eea national living in the UK (he is 3 years into his 5 year visa). Our marriage has broken down and I definitely will not be returning to him.

I am confused by the words you use. In particular you say ex-husband, but then imply that he is still married to you.

So which is it? Are the two of you now divorced .... the Decree Absolute has been issued? Or are the two of you just separated. Or what?

[amime]

My ex-husband is a non-eea national, married to an eea national living in the UK (he is 3 years into his 5 year visa). Our marriage has broken down and I definitely will not be returning to him.

I am confused by the words you use. In particular you say ex-husband, but then imply that he is still married to you.

So which is it? Are the two of you now divorced .... the Decree Absolute has been issued? Or are the two of you just separated. Or what?

Please don't be confused. I feel he is my ex because I no longer feel any emotional attachment. He is however, legally, still my husband.

[John]

Thanks for clarifying that. Until the Decree Absolute is issued he is still married to you, and thus he is still the family member of an EEA Citizen, and thus still entitled to exercise Treaty Rights.

When the divorce happens, and for the reasons specified by you, he will have preserved rights.

When in the UK for nearly five years he should file an EEA4 application. If the divorce has happened then the application would be on the basis of preserved rights. But if the divorce has not happened then he is entirely dependant on you to get confirmation of PR status.

Either way, separated or divorced, you don't need to notify UKBA that the two of you are no longer together.

By the way, how are you exercising your Treaty Rights? In what way? Employed? Self-employed? Or how?

[amime]

Thanks for clarifying that. Until the Decree Absolute is issued he is still married to you, and thus he is still the family member of an EEA Citizen, and thus still entitled to exercise Treaty Rights.

When the divorce happens, and for the reasons specified by you, he will have preserved rights.

When in the UK for nearly five years he should file an EEA4 application. If the divorce has happened then the application would be on the basis of preserved rights. But if the divorce has not happened then he is entirely dependant on you to get confirmation of PR status.

Either way, separated or divorced, you don't need to notify UKBA that the two of you are no longer together.

By the way, how are you exercising your Treaty Rights? In what way? Employed? Self-employed? Or how?

I am self-employed making a fairly good income. Will that make a difference - my personal income is about 70k a year.

Can I however advise the UK Border agency that I no longer wish to exercise my treaty rights? This then means he can apply in his own right given his length of time here.

[John]

I was just looking at making sure that you are actually exercising Treaty Rights, which clearly you are.

[amime]

I was just looking at making sure that you are actually exercising Treaty Rights, which clearly you are.

I really don't want anything more to do with him and would like to distance myself as much as possible.

[Obie]

If you do not want anything to do with him, just get your divorce and forget about him. You are not required by law to inform the UKBA that you are divorced.

He is required to inform HO about changes in his circumstance, and not you.

I can assure you, that you will not be breaking any UK criminal code, by not informing the UKBA