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Topic: What to do after a split?  (Read 1333 times)

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What to do after a split?
« on: December 01, 2006, 03:50:28 PM »
Garry has assured me I am not alone in my experience, and there are others out there who might offer advise and wisdom, maybe some new ideas.

I am here in the UK on an EEA Family Permit (my husban is German).  We have only been married not quite three months and he has informed me he no longer wishes to be married.  Even though I do.  But he won't budge.  And you can't be in a marriage with only one person, so now I have to figure out what to do.

I don't want to leave the UK, I have a good job now and am making friends and really like it here.  I understand that by law they can't make me leave until the marriage is legally ended (which, if I read correctly, you can't file for divorce in England until you've been married at least a year) or the EU spouse leaves the UK.  Which he won't leave for at least a year.  I also understand, from Garry, that if I can prove "links" to the UK (doing charity work, volunteering, giving back to the community) even once the marriage ends or the spouse leaves, they still have to let me stay.

I know I sounds quite calm about this, but the truth is I'm really devastated right now.  Any advise, ideas, commiseration would be truly appreciated.


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Re: What to do after a split?
« Reply #1 on: December 01, 2006, 03:58:47 PM »
I don't have any immigration advice or input, but I just wanted to say I am sorry for what you are going through.  :( ((((Hugs))))

Penny


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Re: What to do after a split?
« Reply #2 on: December 01, 2006, 03:59:40 PM »
Sorry, I don't know about the rules, but just wanted to offer a big hugs to you, shealuna. Sorry that you are going through this.  :(


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Re: What to do after a split?
« Reply #3 on: December 01, 2006, 04:11:25 PM »
Oh, wow Shealuna...I'm so sorry. no advice, but hugs to you.
Now a triple citizen!

Student visa 9/06-->Int'l Grad Scheme 1/08-->FLR(M) 7/08-->ILR 6/10-->British citizenship 12/12


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Re: What to do after a split?
« Reply #4 on: December 01, 2006, 04:15:28 PM »
I also have no advice, but just wanted to say I am so very sorry.


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Re: What to do after a split?
« Reply #5 on: December 01, 2006, 04:22:49 PM »
Like the others, I have no advice to offer, but I am really sorry to hear that you're going through this.  *squeezes tight*


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Re: What to do after a split?
« Reply #6 on: December 01, 2006, 04:29:08 PM »
I am sorry to hear this.  Garry is, of course, absolutely right that you can stay as long as you remain legally married and as long as he remains in the UK.  And, once you have been living int he UK for a year, you can indeed claim continued rights of residency.

There will be a problem, however, if your husband decides to leave the UK between now and then, so it might be worth checking out your other options just in case.

Vicky


Re: What to do after a split?
« Reply #7 on: December 01, 2006, 04:51:23 PM »
No advice, but I'm so sorry!  Many hugs!


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Re: What to do after a split?
« Reply #8 on: December 01, 2006, 04:59:21 PM »
No advice either.  I just wanted to say sorry you are going through this and offer you my support of you need anything :)

June


Re: What to do after a split?
« Reply #9 on: December 01, 2006, 05:05:36 PM »
Just to clarify, they can issue discretionary LTR leading to ILR if they want to, but they don't HAVE to do it.  It's a concession and each application is unique.  The applicant's ties to the UK are vitally important in their decision-making process.  In fact, it's arguably the single most important of all the criteria.

This is all spelled out in HC395, which is on the IND site.  And I have taken a crack at de-obfuscating the text at

http://www.londonelegance.com/transpondia/flr/index.shtml#curtailment

Aside from that, the road more frequently taken by those in this situation is to repartner (without making judgement on it please!).  And we have more than a few here with experience in that area.  You know who you are  :o  and if you can shed light, I'm sure Shealuna would be grateful.


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Re: What to do after a split?
« Reply #10 on: December 01, 2006, 05:47:51 PM »
My reading of the EU directive is that they will now find it very difficult to refuse, regardless of the Immigration Rules.


Vicky


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Re: What to do after a split?
« Reply #11 on: December 01, 2006, 06:42:32 PM »
I too am sorry that you are in this difficult situation.  I hope everything works out okay, and that you get to stay.  *hugs*
"If you can't be a good example, then you'll just have to be a horrible warning" Catherine Aird


Re: What to do after a split?
« Reply #12 on: December 01, 2006, 10:30:39 PM »
No advice, just really sorry you're going through this.

Wishing you the best.


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Re: What to do after a split?
« Reply #13 on: December 02, 2006, 07:55:19 AM »
So sorry to hear this. :(
The only meaning anything has is the meaning you give to it.       ~Author Unknown

2006 Work Permit -> 2011 ILR -> 2012 Dual Citizen


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Re: What to do after a split?
« Reply #14 on: December 02, 2006, 08:01:06 AM »
Gary/Victoria, is there any hope of her current employer doing a sponsorship for a work permit?  Sheluna, I don't know if your job is specialized enough, or if you are on a position to implore them to help you out given the situation.  I also don't know your work experience or educational background, which would need to be rather strong, but once you are in a job, it is often easy to make the case that you have knowledge of company procedures that no one in the UK or the EU would have, therefore making it easier to get a work permit.

I don't know if that is a good idea or not, but the repartnering might be an easier route overall.
WARNING My thoughts and comments are entirely my own.  Especially when it comes to immigration and tax advice, I am not a professional.  My advice is to seek out professional advice.  Your mileage may vary!
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