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Non cooperative eu spouse

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

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Amarula
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Posts: 21
Joined: Wed Feb 27, 2008 10:44 am

Non cooperative eu spouse

Post by Amarula » Fri May 27, 2011 1:08 pm

Didn't get any response to my question on another thread, so have to try again

I wonder if anyone would be kind to help me in a similar situation, that's why I'm asking on this thread. I have been married to EU citizen for 3.5 years now and during the past year he has been evading providing his passport/proof of exercising treaty rights or arranging a divorce. Partly this might be because his tax affairs might not be in right order, he is working as director of various companies, but he is definitely working and busy.

Unfortunately due to circumstances I do not have the eea2 residence permit, long story, but this is how it is. I am self employed myself but am absolutely stuck as I cannot even apply to home office as all the papers I've got are copy of his passport, marriage certificate and some of his statements from some years ago, so basically home office wouldn't even accept my application.

I would be very happy to try and get a divorce, but I am very worried how I will get the papers for home office - I've read on this thread about applying for court summons, but could someone knowledgeable please just explain to me what exactly I might do in my case? Thank you
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Morpheo
Junior Member
Posts: 84
Joined: Sun Sep 25, 2005 6:35 pm

Post by Morpheo » Fri May 27, 2011 1:51 pm

Hi Amarula,

Starting the divorce wouldn't be a problem as you could get it following the legal path and any Citizen advise bureau should be able to help explain this.

The problem you are having is that you will need to prove that you husband is a EU member and exercising the treaty right in the UK.

This info is needed for both scenarios (Married or Divorced), the only advantage for divorce is that you will retain your RC and apply for PR in 5 year on your own merits.

M
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Amarula
Newly Registered
Posts: 21
Joined: Wed Feb 27, 2008 10:44 am

Post by Amarula » Fri May 27, 2011 2:04 pm

Thanks Morpheo. On another thread here there's information that someone in my situation might apply for court summon to bring the eu citizen to court to give evidence about their exercising treaty rights. The problem I guess is how do I get the home office to even accept my application for residence card (either before or after divorce) if I don't have the exact set of documents they list on the form.
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