Please note that if you have children who are still going to school and living in the UK, you can retain you status.
If you initiate a divorce and have been married for three years before your separation, including one year in the UK, you can initiate the divorce and provide evidence that up to the time before the divorce was initiated she was exercising treaty rights in the UK
Directive 2004/38EC wrote:
Article 12
Retention of the right of residence by family members in
the event of death or departure of the Union citizen
1. Without prejudice to the second subparagraph, the Union
citizen's death or departure from the host Member State shall
not affect the right of residence of his/her family members who
are nationals of a Member State.
29.6.2004 EN Official Journal of the European Union L 229/41
Before acquiring the right of permanent residence, the persons
concerned must meet the conditions laid down in points (a),
(b), (c) or (d) of Article 7(1).
2. Without prejudice to the second subparagraph, the Union
citizen's death shall not entail loss of the right of residence of
his/her family members who are not nationals of a Member
State and who have been residing in the host Member State as
family members for at least one year before the Union citizen's
death.
Before acquiring the right of permanent residence, the right of
residence of the persons concerned shall remain subject to the
requirement that they are able to show that they are workers
or self-employed persons or that they have sufficient resources
for themselves and their family members not to become a
burden on the social assistance system of the host Member
State during their period of residence and have comprehensive
sickness insurance cover in the host Member State, or that they
are members of the family, already constituted in the host
Member State, of a person satisfying these requirements. ‘Sufficient
resources’ shall be as defined in Article 8(4).
Such family members shall retain their right of residence exclusively
on a personal basis.
3. The Union citizen's departure from the host Member
State or his/her death shall not entail loss of the right of residence
of his/her children or of the parent who has actual
custody of the children, irrespective of nationality, if the children
reside in the host Member State and are enrolled at an
educational establishment, for the purpose of studying there,
until the completion of their studies.
Article 13
Retention of the right of residence by family members in
the event of divorce, annulment of marriage or termination
of registered partnership
1. Without prejudice to the second subparagraph, divorce,
annulment of the Union citizen's marriage or termination of
his/her registered partnership, as referred to in point 2(b) of
Article 2 shall not affect the right of residence of his/her family
members who are nationals of a Member State.
Before acquiring the right of permanent residence, the persons
concerned must meet the conditions laid down in points (a),
(b), (c) or (d) of Article 7(1).
2. Without prejudice to the second subparagraph, divorce,
annulment of marriage or termination of the registered partnership
referred to in point 2(b) of Article 2 shall not entail loss of
the right of residence of a Union citizen's family members who
are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings
or termination of the registered partnership referred to in
point 2(b) of Article 2, the marriage or registered partnership
has lasted at least three years, including one year in
the host Member State; or
(b) by agreement between the spouses or the partners referred
to in point 2(b) of Article 2 or by court order, the spouse
or partner who is not a national of a Member State has
custody of the Union citizen's children; or
(c) this is warranted by particularly difficult circumstances,
such as having been a victim of domestic violence while
the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to
in point 2(b) of Article 2 or by court order, the spouse or
partner who is not a national of a Member State has the
right of access to a minor child, provided that the court has
ruled that such access must be in the host Member State,
and for as long as is required.
Before acquiring the right of permanent residence, the right of
residence of the persons concerned shall remain subject to the
requirement that they are able to show that they are workers
or self-employed persons or that they have sufficient resources
for themselves and their family members not to become a
burden on the social assistance system of the host Member
State during their period of residence and have comprehensive
sickness insurance cover in the host Member State, or that they
are members of the family, already constituted in the host
Member State, of a person satisfying these requirements. 'Sufficient
resources' shall be as defined in Article 8(4).
Such family members shall retain their right of residence exclusively
on personal basis
