My husband wants to leave me and our son in England and to go back home

[LoloPoli]

Hello.
HELP me PLEASE I AM in a very difficult situation. I am a citizen of Russia, my husband a citizen of Romania. We got married in Moldova. We have been married for 6 years, of which 2.5 years we have been in England, since July 29, 2017. We have a son, he is 4 years old and in September he will go to school. It so happened that my husband and I are no longer together and as soon as my son goes to school, his father wants to return to Moldova. We have not divorced yet, we can only get a divorce when someone from us will go to Moldova and file a divorce. I gave so much effort to live in England, this is home, work, everything. What do i do? What documents do I need to stay in England? I now have a Residence Card - family nember EU, which is valid until 2023. I also received a pre-settled status, which is valid until 2024. I officially work Full time. I have a salary that allows me to pay a house, utility bills and accommodation with a child. My husband psychologically hurts me, and if I come back in Moldova, his family will threaten reprisal to me. He cheated on me, that I won’t forgive. I can’t say everything here, but I will not go back in relationships with my husband.

[Richard W]

We have a son, he is 4 years old and in September he will go to school. It so happened that my husband and I are no longer together and as soon as my son goes to school, his father wants to return to Moldova. We have not divorced yet, we can only get a divorce when someone from us will go to Moldova and file a divorce. I gave so much effort to live in England, this is home, work, everything. What do i do? What documents do I need to stay in England?

You need documentary evidence that your husband was working in the UK while your son was at school in the UK. You will also need evidence of his continuing to attend school. You will then have a 'derivative right of residence' under the EEA Regulations, Regulation 16(4) to be precise. This is an acceptable qualification for the EU settlement scheme. Then, on 29 July 2022, you will qualify for and may apply for ILR under the EU settlement scheme.

The weak point of this scheme is that your husband may divorce you, and then return to the UK. I fear you could then lose your derivative right of residence without acquiring a retained right of residence.

[Fbiboy2002]

Try to divorce now before he leaves the UK
And then apply again for pre sattle status with your divorce certificate