eea marrige break

moyukh · Post by **moyukh** » Tue Jan 10, 2012 7:45 pm

hello,
I have some serious problem regarding my present situation. i am indian citizen met an polish girl at 2007 got married 2009 March, now our marrige gone to bitter, we are not even staying together. my visa status is an eea family member. i want to get divorce, will i be able to retain my satus after the divorce?

i also want to go porugal for travelling and as i explained she wont help me atall with her passport or anything. can i still apply for visa i wont be able to apply at all?

kindly help me out.. i am realy seeking for some guidence.

thank you
moyukh

Samelamin · Post by **Samelamin** » Tue Jan 10, 2012 9:03 pm

moyukh wrote:hello,
I have some serious problem regarding my present situation. i am indian citizen met an polish girl at 2007 got married 2009 March, now our marrige gone to bitter, we are not even staying together. my visa status is an eea family member. i want to get divorce, will i be able to retain my satus after the divorce?

i also want to go porugal for travelling and as i explained she wont help me atall with her passport or anything. can i still apply for visa i wont be able to apply at all?

kindly help me out.. i am realy seeking for some guidence.

thank you
moyukh

Sorry mate but the rules state that you have to leave if you were married for less than 3 years

Also I am not calling you a liar but your story might be mistaken for a sham marriage by the home office

moyukh · Post by **moyukh** » Tue Jan 10, 2012 9:22 pm

dear Samelamin,

thank you for ur reply. first of all i guess i couldnt explain u properly me n my wife hve been together for more than 4 years although the marrige not . we bought a house together as well. and we travel 11 countries as well as india all the evidence is support my case i think so. but it is not going well from 3 to 4 months .. and i dont know what to do.. i am seeking for guidence ,,,can u please suggest me what i am suppose to do?

bobobo · Post by **bobobo** » Wed Jan 11, 2012 9:09 am

Make your marriage work comes to mind, being togethor for 4 years and then having some trouble shouldnt result in a divorce. unless something drastic has happened, which from your case doesnt seem to be the case. if you still think its not working out then you can only apply for RoR after being married for atleast 3 years and can apply for RoR after issue of Decree Absolute.
You will need documents to prove the EEA national was exercising treaty rights in UK and some other documents as well.

moyukh wrote:dear Samelamin,

thank you for ur reply. first of all i guess i couldnt explain u properly me n my wife hve been together for more than 4 years although the marrige not . we bought a house together as well. and we travel 11 countries as well as india all the evidence is support my case i think so. but it is not going well from 3 to 4 months .. and i dont know what to do.. i am seeking for guidence ,,,can u please suggest me what i am suppose to do?

Punjab · Post by **Punjab** » Wed Jan 11, 2012 12:47 pm

where is porugal?

Anyways serious mate. try to be with her for atleast 3 full years things might work between you other wise if she leaves you now and HO happen to know about it then there are high chances that you will be deported unless you change your visa status to student. but if your marrige breaks up then just be honest with HO as it will make your future applications strong.

now you can go to portugal but if you are coming alone IO will ask you questions and if he suspects something then you might be in trouble.

best advice is try to make things better with you and your partner.

wishes

moyukh · Post by **moyukh** » Tue Jan 17, 2012 11:39 pm

Thank you for all the answers, we were going through counseling! As we both now decided to go separate way of life. As i realise we have to share our assets and our house the divorce might take more 7 to 8 months, in that case legally we will be together more than 3 years until we get divorce, is it going to count to have my status back.. or it won't..please let me know. I am going through a terrible time. your help will be great.

I am also working in a company and there willing to do my work permit as i explain my situation, ami I be able to apply for it or I am not? please help me out

thank you

Post by **Obie** » Wed Jan 18, 2012 12:10 am

What is your wife doing in the UK and in the event of a divorce, would she be prepared to support a retention application by providing evidence of her treaty right.

If you came to an agreement on assets, divorce might not take long if that is the direction you have both decided to take.

You cannot apply from UK for work permit as you dont have leave to remain. You may be able to do this from India though.

moyukh · Post by **moyukh** » Wed Jan 18, 2012 12:56 am

Obie wrote:What is your wife doing in the UK and in the event of a divorce, would she be prepared to support a retention application by providing evidence of her treaty right.

If you came to an agreement on assets, divorce might not take long if that is the direction you have both decided to take.

You cannot apply from UK for work permit as you dont have leave to remain. You may be able to do this from India though.

cheers for your reply, I am wondering as i will be starting my divorce proceeding before our 3 years and by the time it will finish which i assume will be more than three years of our marriage, whether home office will accept it while i will apply ?, as my wife will help me with all the things needed up to three years of marriage and i will be giving all the half of my assets. please let me know,.

bobobo · Post by **bobobo** » Wed Jan 18, 2012 9:17 am

If you initiate the Divorce proceedings before 3 years of you being married then you will not qualify to retain your Rights of residence.
I suggest please read this topic i more detail on the forum as there have been a number of discussions regrading this specific issue.

moyukh wrote:
Obie wrote:What is your wife doing in the UK and in the event of a divorce, would she be prepared to support a retention application by providing evidence of her treaty right.

If you came to an agreement on assets, divorce might not take long if that is the direction you have both decided to take.

You cannot apply from UK for work permit as you dont have leave to remain. You may be able to do this from India though.
cheers for your reply, I am wondering as i will be starting my divorce proceeding before our 3 years and by the time it will finish which i assume will be more than three years of our marriage, whether home office will accept it while i will apply ?, as my wife will help me with all the things needed up to three years of marriage and i will be giving all the half of my assets. please let me know,.

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