Dazed and confused

[inadilemma]

Hello everyone,

I am in a bit of a dilemma here. Me and my wife have been married since June 2014 and I got my EEA Residence card in December 2014. I found out last week my misses has cheated on me and I have partially decided to divorce her on the grounds of adultery.

My question is, how would this affect me in the long haul as my visa has only been issued a year ago and my marriage was of only just over a year. I do know, from what I have read in the forum and elsewhere that you can still apply for a permanent residency after my RC ends in 5 years if you have been married for 3 years or more. However I am going to apply for divorce on the grounds of adultery, would it be a different case for me ?
And also I would like if anyone could explain what Retained rights of residence is all about, as I can seem to grasp what it says on GOV.UK website.

Please do keep in mind, due to previous blunders, I have been considered as a overstayer.

I would really appreciate if anyone could shed some light on this.

With regards and a happy new Year

[CR001]

You can only apply for retained rights of residence if you divorce AFTER being married for three years.

Based on what you have posted, you will not qualify for this and will have to find another visa route that you do qualify for.

[inadilemma]

Thanks for the swift reply,

1 more thing though, when can you apply for the Retained rights of residence, just after the divorce in 3 years or when the visa expires ?

[CR001]

You can only apply for retained rights of residence once the decree absolute has been granted. You only qualify for retained rights of residence if you have been married FOR AT LEAST 3 years prior to the decree absolute being granted.

Based on what you have said and plan to do, you will not qualify.

[ally007]

@inadilemma My advice for you is too cool down a bit and act like a cat and dog to achieve what you wanna achieve from your mrs. Remember, your mrs have nothing to loose because she is eu so cool down bro and act like you don't see her wrong side even if she bring another man home, leave the house for them for a walk to cool yourself down. Goodluck.

[inadilemma]

@ally007 what if the home office shows up ? lol

@cr001 thanks a bunch


BTW is an open marriage acceptable by ukba ?

[chriskv1]

@Inadilemma : Technically you get to decide how you want to conduct yourself in your marriage. So yeah , it is. BUT they can easily claim that your marriage is one of convenience and technically it will be , Because you're considering divorcing her now - And because youre scared you'll loose your status you're thinking of an "open" relationship.

Which is what convenience is . You wouldn't have stayed with her if it wasn't for your immigration status.

Have a talk down with her and see if you can sort it out.

[ally007]

I will advice you to cool down and try to sit her down and talk to her maybe you guys can sort things out. I understand how you are feeling but remember, HO are getting tougher everyday this days so my advice for you is to relax. And also HO cannot just visit with no reason. For them to visit you, there must be a reason. Cool down bro to achieve what you need to achieve unelse you get another plan. Just an advice