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  1. #1
    Member สมาชิก Maka's Avatar
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    Default Seperated from my wife

    It's been a long time since I've posted on here.


    Anyway, my wife has a 5 year RC which was through the SSR (Surinder Singh Route), been in the UK about 3 years now, but things haven't been going well and we are ready to separate.


    We have 2 young children but due to me working full time I wouldn't be able to take care of them full time, so the only way would be for them to be with her.
    I have no ideas about where to go from here.


    What rights/help does she have if we separate in regards to can she get housing? Benefits and so on?
    Where would she need to go to get the ball rolling?


    Would she be able to stay in the UK if we are separated?
    How does it work in regard to her getting her PRC (permanent Residence card) if we were separated?
    Thanks for any help.....

  2. #2
    Old Hand มือเก่า
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    As small as it seems, I can only think the CAB would be your first stop.

    I would imagine she would be entitled to as much as other residents but then again, this is England and nothing would surprise me.

    Best of luck and sorry to hear it didn't work out.

  3. #3
    Forum Regular สมาชิกประจำ Sammy Shrimper's Avatar
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    Quote Originally Posted by Barnet View Post
    As small as it seems, I can only think the CAB would be your first stop.
    I think you'll find they are just called Citizens Advice these days.
    Get busy living or get busy dying

  4. #4
    Forum Regular สมาชิกประจำ
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    To be blunt about it..it may be that if you seperate and divorce she may be living in your family home and you will be paying for your children's support rather than the state..Ultimately she is entitled to up to 50 per cent plus of your financial assets if your marriage has been a long one..ie 10 years..Separation and divorce are very painful these days financially..Best to see a solicitor...

    I speak from personal experience..I separated from my wife and after six years finally consulted a solicitor..I should have done it when I first split up..Would have saved me a lot of money if I had...

  5. #5
    Moderator Tobias's Avatar
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    Maka, nice to see you back although not to hear your news.

    Because of the very uncertain Brexit position it is very difficult to offer any helpful opinion at this stage. Your wife arrived here under the Surinder Singh route and her status in the UK will be unclear on Brexit should you legally separate. Any change to her status will have to be considered under the Immigration Rules rather than EU law.

    Your wife's status is inextricably linked to your marriage, so provided you do not divorce she should be okay to remain in the UK. Does she have a Permanent Residence Card?
    Tobias - โทเบียส

  6. #6

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    Quote Originally Posted by tudorowen1 View Post
    if you seperate and divorce she may be living in your family home and you will be paying for your children's support rather than the state
    The notion that tax payers should pick up the tab when a marriage fails is totally wrong. “You made your bed now lie in it” is a very old proverb, but very true IMO.
    aka Spud / aka MF

  7. #7
    Member สมาชิก Maka's Avatar
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    Quote Originally Posted by Tobias View Post
    Maka, nice to see you back although not to hear your news.

    Because of the very uncertain Brexit position it is very difficult to offer any helpful opinion at this stage. Your wife arrived here under the Surinder Singh route and her status in the UK will be unclear on Brexit should you legally separate. Any change to her status will have to be considered under the Immigration Rules rather than EU law.

    Your wife's status is inextricably linked to your marriage, so provided you do not divorce she should be okay to remain in the UK. Does she have a Permanent Residence Card?
    Was hoping you'd reply mate...
    Yeah the whole Brexit thing is going to be the thing due to the way we entered into the UK and got her 5 year residency card through the SSR.
    So we're into about 3 years with the 5 year RC, so no she doesn't have the PR card...

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by tudorowen1 View Post
    To be blunt about it..it may be that if you seperate and divorce she may be living in your family home and you will be paying for your children's support rather than the state..Ultimately she is entitled to up to 50 per cent plus of your financial assets if your marriage has been a long one..ie 10 years..Separation and divorce are very painful these days financially..Best to see a solicitor...

    I speak from personal experience..I separated from my wife and after six years finally consulted a solicitor..I should have done it when I first split up..Would have saved me a lot of money if I had...
    Been married 13 years...
    Our house is rented...
    She can have 50% plus my financial accents but as I've got quite a bit of debt and don't own a house the only value is my car which is worth about a grand...so there's not really a lot she could do in that respect...apart from taking on half of all my debt....
    Basically finances got totally drained with the move back to the UK after me living there for 15 years and having to re start again this end...

  8. #8
    Moderator Tobias's Avatar
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    Quote Originally Posted by Maka View Post
    Was hoping you'd reply mate...
    Yeah the whole Brexit thing is going to be the thing due to the way we entered into the UK and got her 5 year residency card through the SSR.
    So we're into about 3 years with the 5 year RC, so no she doesn't have the PR card...
    This Brexit nonsense is a big issue for you. Your wife's best chance of remaining in the UK with your children is for you to remain married, because her current right to remain in the UK is based on her marriage to you. As long as you remain married, she has a right to remain in the UK.

    The Human Rights Act is also on her side - but that too is an EU law and what will happen once we Brexit is still uncertain. She may be able to apply for leave to remain under the Immigration Rules as the mother of child British citizens. Unless the law changes on Brexit, if you remain married until she qualifies for Permanent Resident status that is certainly the cheapest and easiest way for her (and you!). Once she has PR then she has the same rights as those with ILR and she will be allowed to stay in the UK indefinitely (and apply for British citizenship if she choses) whether or not she is married to you or any other British citizen.
    Tobias - โทเบียส

  9. #9
    Furniture เฟอร์นิเจอร์ ian1208's Avatar
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    Not wanting to contradict any advice above, you have children Yes?
    Were they born in the UK and/or have British passports?

    If so, she shouldnt worry. There will be a way she can remain. Up in my end of the world, Chinese, Thai, Vietnamese to name a few get round staying here for the childrens sake under some right to family/ immigration laws.

    Sorry to hear things didnt work out
    Good luck
    Judging others before you have met isn't a wise option.

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