Divorce from a non-European with an EEA2 visa

[wanderer45]

Good afternoon,

I searched here on the forum and I am not able to find an answer to my question, so sorry if there is already a topic about my question. I also hope I am posting this query in the right place.

I am a European citizen from the Netherlands and have been married to a Chinese citizen for 3,5 years here in the UK. My wife obtained an EEA2-visa through me. Now after 3,5 years I discovered she never loved me and that the reason of getting married with me is most likely the EEA2-visa. After this I moved out of our place and now I am planning to get divorced. However there are 5 grounds to get divorced on (adultery, bad behavior, living separate for 2 years etc.) Currently I don’t qualify for any of those grounds and I have to wait roughly 2 years to get divorced from her. With those 2 years she is here 5 years and can apply for a document for indefinite leave.

I checked the details and it looks like she is protected from every angle, however I am now in the situation that I want to get divorced, which is not possible yet, and she gets what she wants and that is to stay in the UK. Is there a way to let the Home Office now what happened and that the EEA2-visa of her can be revoked?

Thanks.

[askmeplz82]

Good afternoon,

I searched here on the forum and I am not able to find an answer to my question, so sorry if there is already a topic about my question. I also hope I am posting this query in the right place.

I am a European citizen from the Netherlands and have been married to a Chinese citizen for 3,5 years here in the UK. My wife obtained an EEA2-visa through me. Now after 3,5 years I discovered she never loved me and that the reason of getting married with me is most likely the EEA2-visa. After this I moved out of our place and now I am planning to get divorced. However there are 5 grounds to get divorced on (adultery, bad behavior, living separate for 2 years etc.) Currently I don’t qualify for any of those grounds and I have to wait roughly 2 years to get divorced from her. With those 2 years she is here 5 years and can apply for a document for indefinite leave.

I checked the details and it looks like she is protected from every angle, however I am now in the situation that I want to get divorced, which is not possible yet, and she gets what she wants and that is to stay in the UK. Is there a way to let the Home Office now what happened and that the EEA2-visa of her can be revoked?

Thanks.

first of all : no she is not protected in every angle. You can get divorce 4-6 month from now if you both agree. unreasonable behaviour is the most common ground for divorce in UK. If she disagree then it's a lengthy legal process

If you guys divorcee then she can retained her right of residence and she will be issued new EEA2 for 5 years

she can only qualify if...

- married for 3 years

- lived in the UK for 1 year together

- You exercise treaty right during divorce processing ( working, studying... etc)


if you truly believe she is using you and she married you for visa then you have the key to lock the door for her long term residency


If you don't exercise treaty right during divorce proceeding ( start to finish ) then she may never qualify to get new residence for 5 years or PR

I hope your wife doesn't join this forum asking opposite question

[Jambo]

The only way for her to lose her rights in the UK would be if you leave the UK permanently before the divorce. However, there are other ways to stay in the country (student visa, employer sponsored etc) so if she really wants to, she will find a way. As painful as it seems, I suggest you concentrate on other things.

[dalebutt]

Jambo are you suggesting one can switch from RC to being a student surely under the immigration rules in the UK? don't they have to apply from outside of the UK to be able to do that?

[askmeplz82]

Jambo are you suggesting one can switch from RC to being a student surely under the immigration rules in the UK? don't they have to apply from outside of the UK to be able to do that?

i think only immigration rule they can switch here is ILR under 10 yrs rule

[Jambo]

Jambo are you suggesting one can switch from RC to being a student surely under the immigration rules in the UK? don't they have to apply from outside of the UK to be able to do that?

I merely stated that if someone wants to stay in the country he could find a way. The practicality may involve leaving the county for a few weeks while applying.

[dalebutt]

Someone applying for entry clearance to study in the UK, will be subjected to scrutiny and the process does take, and there is definitely no guaranty that the application will succeed. If OP leaves the UK temporarily or or stop exercising treaty rights altogether, that might jeopardise whatever plan OP spouse may intend to execute.

[wanderer45]

Thanks everyone for the input. I feel though she is better protected by the law then me, but anyway, this is how it is. Should have known better.

[Imshzd]

Thanks everyone for the input. I feel though she is better protected by the law then me, but anyway, this is how it is. Should have known better.

No.

Just sent an email to HO with your and your partners/spouse details and inform them that you are withdrawing your sponcer.

That's all rest of the things will HO do.

[askmeplz82]

Thanks everyone for the input. I feel though she is better protected by the law then me, but anyway, this is how it is. Should have known better.

No.

Just sent an email to HO with your and your partners/spouse details and inform them that you are withdrawing your sponcer.

That's all rest of the things will HO do.

I don't think it will work under EEA regulation

as long as OP is exercising treaty right during divorce proceeding that lady will qualify for Retained right of residence.

There has been many cases like that where EU national reported their family member to the Home office

a lady i knew reported her husband to the Home office even before 3 years completed. She even paid a lawyer to help her.
they had martial problem and fight. They never got divorced because soon after that 3/4 months later she died of Brain cancer. Her husband PR recently approved

[Imshzd]

I do not dis agree with you

But

This will work

If EEA national just say that the EEA national found during the marriage that the non EEA nationals intention was just to gain long residency in the uk and non EEA national used EEA national etc etc.

Even after BC EEA national can do any thing.

[Ricardo]

I do not dis agree with you

But

This will work

If EEA national just say that the EEA national found during the marriage that the non EEA nationals intention was just to gain long residency in the uk and non EEA national used EEA national etc etc.

Even after BC EEA national can do any thing.

It not as easy as you thought. You have to prove it beyond reasonable doubt. You cant just inform the HO after three years of marriage that your spouse got married to you just to remained in the UK.

[Davmck70]

Always remember that HO is not above the law. The law courts will still look at the case from all principles as i would imagine the lady will not give in just like that despite using the EEA national for acquiring leave to remain. My point is he has to prove with evidences (physical) and on what grounds

[Obie]

I will implore you guys to desist from jumping into conclusion without know the full fact, and hearing the lady's side of the story.

OP can certainly apply for divorce. Nothing in law prevents him from doing so.

What I find quite troubling, is the series of suggestions by some members on how to get the lady out. I must say that some of those suggestion are simply baseless in law, not withstanding them, that lady may have a perfectly legitimate basis under european law to stay in the UK.

[Ricardo]

I will implore you guys to desist from jumping into conclusion without know the full fact, and hearing the lady's side of the story.

OP can certainly apply for divorce. Nothing in law prevents him from doing so.

What I find quite troubling, is the series of suggestions by some members on how to get the lady out. I must say that some of those suggestion are simply baseless in law, not withstanding them, that lady may have a perfectly legitimate basis under european law to stay in the UK.

Spot on Obie. I thought this forum is for helping those in difficulty not for someone seeking revenge? The OP and his wife has lived together for years and can make up tomorrow. If he needs help on relationship or divorce, then there are hundreds of forums on the net offering help on the issues.

[dalebutt]

I will implore you guys to desist from jumping into conclusion without know the full fact, and hearing the lady's side of the story.

OP can certainly apply for divorce. Nothing in law prevents him from doing so.

What I find quite troubling, is the series of suggestions by some members on how to get the lady out. I must say that some of those suggestion are simply baseless in law, not withstanding them, that lady may have a perfectly legitimate basis under european law to stay in the UK.

Spot on Obie. I thought this forum is for helping those in difficulty not for someone seeking revenge? The OP and his wife has lived together for years and can make up tomorrow. If he needs help on relationship or divorce, then there are hundreds of forums on the net offering help on the issues.

I disagree with your opinion, the forum is to help anyone who seeks help about immigration issues, it should not matter what sort of help they have sought, you are rather being judgemental to have labelled op as wanting to seek revenge without knowing the full details of the matter, OP has asked a question, we are to answer OP truthfully, it does not matter if the answer might pose a negative impact on OP spouse's immigration record.

The members of the forum should not have an interest in knowing whatever it was that has transpired in OP's family, the forum is not a substitute for marriage counselling either, it is better to rather address OP's question, and leave it at that, if the spouse had been here to post similar question, we will have been more than happy to help

[Ricardo]

Is there a way to let the Home Office now what happened and that the EEA2-visa of her can be revoked?

Thanks.

My comment was based on this information.

[dalebutt]

I still would reiterate my comment without having to adjust it, OP has posted a query, we either give our opinion on it or not pass comment at all, OP's spouse has not raised those queries, if the spouse had posted on this forum seeking opinions, I will be more than happy to pass comment if I have sufficient knowledge to do so, why should it be any different in OP's situation regardless of his intentions?

[Ricardo]

I still would reiterate my comment without having to adjust it, OP has posted a query, we either give our opinion on it or not pass comment at all, OP's spouse has not raised those queries, if the spouse had posted on this forum seeking opinions, I will be more than happy to pass comment if I have sufficient knowledge to do so, why should it be any different in OP's situation regardless of his intentions?

I believed that the purpose of this forum is to support those with immigration problem. From what the OP said above, he doesnt seemed to have any immigration problem. It's about his relationship. The reason why I supported Obie's comment was this isnt the first time someone has come to this forum with similar problem. What some members does is to give them advice on how they can report their spouse to HO or kick them out of this country. I dont think that is right.

[Obie]

It is difficult to see how the purpose of the forum is best served, by seeking to undermine a right, which European law provides to an individual.

The whole premise of OP's view is wrong.

Saying he can't get a divorce is wrong.

With due respect to some of our respected members, nearly all the advice given has some flaws one way or the other.

And yes, OP cannot get his estranged wifes visa revoked. He has no power over it, and that reality is unchanged by any views expressed by any member of the thread, me included. Regulation 20(2) does not envisage a revocation in this circumstance, neither does EU law. Diatta makes this position very clear.

Any advice to the contrary is frankly inaccurate, and borderline misleading.

I expect contributors to be precise and straight to the point. Not to go into these wild goose chase, telling OP to stop exercising treaty rights, and all the rest of these legally baseless advice, without a view of the full circumstance. What if OP has already been here for 5 years, what if God forbid he had an accident before divorce, which make him unable to work. There are lots of variables. Divulging into these area is wrong.

What if OP's wife has been a victim of domestic Violence.

That is not the question asked and certainly not the answer required.

His question could have been answered in couple of lines.

Yes OP you could get a divorce, no restriction on this so far as England and Wales are concerned, and possible Scotland and Northern Ireland.

No OP you cannot get her residency revoked. With all due respect, that is well beyond your power.

I believe that would most certainly have sufficed.

[Amber]

See also, Chapter 2 - RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS at 5.1.

Also, there is only one ground to a divorce - an irretrievable breakdown of a marriage. This can be shown by 5 different ways.