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Thomas
Thomas, Solicitor
Category: European Law
Satisfied Customers: 7620
Experience:  UK based Immigration Solicitor
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helo, im from iran and my husband and my son have a swewdesh

Resolved Question:

helo, i'm from iran and my husband and my son have a swewdesh nationality we are in holland but my husband wants to leave us and he wants to go back to iran i don't want to go there because of alots of reason how can i stay here with my son?
Submitted: 5 years ago.
Category: European Law
Expert:  Thomas replied 5 years ago.
Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following using the same numbering:-
1. Are you in Sweden as the non-eea family member of an eea national (ie. your husband because he is Swedish)?
2. How long have you been in Sweden for?

Kind regards.
Tom
Customer: replied 5 years ago.
I never been in sweden, after the marriage I moved to Dubai and because of the economy problem we move to Nederland my husband came here ( nederland ) 1year back he bought a garage and after 3 months he sold the garage so I had residency for 6 months because of his job now they send a letter to me I have to show them my husband documents for renew the residency but unfortunately he is jobless and he doesn't like to stay in Europe and he force me to leave here and he wants to go back to iran ( originality he is Iranian but he has also sweetish nationality ) I need your advice for staying in Nederland I want to stay here with my son without him.
If it's possible I'd like to call you and explain it.
Kindly,
Shahrnaz
Expert:  Thomas replied 5 years ago.

Hi

 

What nationality is your husband?


Have you only been in Sweden for one year approximately?

 

Tom

Customer: replied 5 years ago.
My husband is originally from iran and he has swedish nationality also , and I hadn't been in sweden .I came in Nederland 6 months ago from Dubai,I lived in Dubai and now I'm in Nederland.
Expert:  Thomas replied 5 years ago.
Hi,

Thanks for your question.

The European Law section is generally for EEA issues, I am a UK lawyer practising immigration. My answer will be based upon UK EEA law but the legislation is very similar across different countries.

I assume therefore that you are in netherlans as the non-eea spouse of an eea national (ie. your husband) Whilst you are married to your husband your right to remain with him in an EEA country is linked to him. If you break up then you would only be able to retain you right of residence in Netherlands if you were actually divorced, had been married for three years and spent one year immediately before divorce in the Netherlands. Given that you do not meet this criteria I cannot see that you could apply to retain your right of residence in Netherlands if your husband leaves I’m afraid.

You should speak directly with the a dutch lawyer but I would prepare yourself to hear that there are no options to remain in Netherleands if your husband leaves.

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Kind regards,


Tom
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Expert:  Thomas replied 5 years ago.

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Tom