separate with EEA2 , seek advice please !!!

[allamm2]

Hello every one

I got married to an Eu national last year fab 2012 and i came to the UK may 2012 , i got RC EEA2 October 2012 , every thing was fine ,but lately i ve been jaded life got so complicated ,and i realized i cant continue in a situation like this so i am thinking to move on in my life, i know i am not qualified for ROR ,
my question ? now i decided to move on , do you guys think if she want to divorce she could divorce me even if i didnt agree in these 2 years .??( she got PR already)

.
thank you

[allamm2]

Hi all


i am married to eu national fab last year but we separated now . i got EEA2 but i am not qualify to apply for ROR ,do you think if the eu citzen if want to divorce , could do that even if i dont agree or not attend court ? or this marriage can last for next 2 years ? so by then i will be qualify for ROR ??

please help

[Obie]

There are many cards she can play. She can go to court and get ballifs to serve you these papers, once that is done, you will need to respond to the petition or will be in contempt of court.

She can refuse to provide you any documents confirming her treaty rights status.

She can even leave the UK.

It is not a sensible move to treat your EEA national wife with contempt, and expect to get away with it.

[allamm2]

There are many cards she can play. She can go to court and get ballifs to serve you these papers, once that is done, you will need to respond to the petition or will be in contempt of court.

She can refuse to provide you any documents confirming her treaty rights status.

She can even leave the UK.

It is not a sensible move to treat your EEA national wife with contempt, and expect to get away with it.

,

hey Obie thank you for replay ,

you mean bailiffs ? i dont pay any bills since i came here and there no bill in my name only council tax bill contain both our names and i have my bank account in same address , i dont need her paper to prove she treaty right as she got Permanent Residence already and i have copy , plus i hv her 60P for five yers so that not a prob , if she left the uk thats be good for me i can stay , dont u think so ??

[Obie]

No it does not work that way. PR expires after a 2 years absence, and in any event , you will be required to prove she is here.

Simply holding her PR cannot be of any help to you without her cooperation.

[allamm2]

hey Obie

but i think in european law if ur eu wife/husband left uk or die u can stay , u dont hv to stuck to them 4ever .

[ravii]

hey Obie

but i think in european law if ur eu wife/husband left uk or die u can stay , u dont hv to stuck to them 4ever .

Both cases,left or die non EEA national required to full fill the requirements of EU regulations.

[allamm2]

hey Obie

but i think in european law if ur eu wife/husband left uk or die u can stay , u dont hv to stuck to them 4ever .

Both cases,left or die non EEA national required to full fill the requirements of EU regulations.[/q

hi ravii ,thank you for u replay

and what is the requirements of EU regulations.??

[ravii]

If you read EEA 2 form section 4.8 to 4.16,it will clear on you,what's is the requirements in case of death and left the uk.death is not your case so in other case if you have a costudy of child then no problem.In your situation only costudy of child will give you a chance to retain rights of residence.

[allamm2]

hey ravi

thank you ,

no i dont have child , and i am sure she will not leave , all what i want to know if she could divorce me b4 2 years elapse ? cause we jus year married and i am not ready now to divorce so she could divorce even if i dont , ?after 2 years i can prove she treaty right for five years (she already got PR) and i also got documents , and i am already 1 year together i hv prove as well .

[ravii]

Firstly if divorce proceeding starts before 3 years of marriage then non EEA national unable to secure retain rights of residence,unless costudy of child.All other things which you are saying is your own thinking not EU regulations.