Avi0905 wrote:Hi Guys,
Im really need some advice please.. My wife want the divorced from me and we are married only 1 years and 7 months. and have a baby son of 18 months. I hold a EUFAM stamp 4 till 2016.. We got married in June 2010.i want to know how is it going to affect my resident status. im working full time and she will be made redundant end of Feb. im giving maintenance to my baby aswell. Your help will be highly appreciate.
For now, it should have no immediate impact on your residency; especially as you are working full time or of and performing your obligation to your child and the state
! The requirements, I think is that "you are able to show that you are a worker or self-employed person or that you have sufficient resources for yourself and their family members not to become a burden on the social assistance system of the host Member State during
your period of residence and have comprehensive sickness insurance cover"
You may want to check Article 13, especially from (2d) of the EU directive for insight:
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.
The exact wordings says:
Family members should be legally safeguarded in the event of the death of the Union citizen, divorce, annulment of marriage or termination of a registered partnership. With due regard for family life and human dignity, and in certain conditions to guard against abuse, measures should therefore be taken to ensure that in such circumstances family members already residing within the territory of the host Member State "retain their right of residence exclusively on a personal basis."
All the best!
