Divorce on an EEA2 Permit

[zosiu]

I have a few questions regarding my EEA2 family permit and Divorce.

I have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.

We have been married 5 years next March and been living together here permanantly together since 2007. Except for a break in 2010 for 4 months then another 5 months when I was in Australia due to family/visa reasons. I was not working and only here on 6 month tourist visas essentially and while awaiting my first apllication for a EEA2 that was rejected due to insufficient proof of his self employment.

Am I able to stay in the UK? My son was born here and holds Polish and Australian passports. Or would I have to leave if we divorced, would my permit be revoked?

What are the rules regarding divorce are there time limits or exceptions based on infidelity or anything like that? I have built a life here now and am at a loss as to what to do and really dont want to stay married to a man that is capable of such betrayal if I dont have to.

My visa says feb 2012-2017.

I appriciate your advice as details on the internet or forums are confusing.

[askmeplz82]

I have a few questions regarding my EEA2 family permit and Divorce.

I have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.

We have been married 5 years next March and been living together here permanantly together since 2007. Except for a break in 2010 for 4 months then another 5 months when I was in Australia due to family/visa reasons. I was not working and only here on 6 month tourist visas essentially and while awaiting my first apllication for a EEA2 that was rejected due to insufficient proof of his self employment.

Am I able to stay in the UK? My son was born here and holds Polish and Australian passports. Or would I have to leave if we divorced, would my permit be revoked?

What are the rules regarding divorce are there time limits or exceptions based on infidelity or anything like that? I have built a life here now and am at a loss as to what to do and really dont want to stay married to a man that is capable of such betrayal if I dont have to.

My visa says feb 2012-2017.

I appriciate your advice as details on the internet or forums are confusing.

You may be eligible for PR already or Retained right of residence

You been living here since 2007 with your Husband ?

When did you apply for EEA2 first that was refused?

and 2nd time when it was accepted?

What is your husband doing now ( working or self employment ) ?

[zosiu]

You may be eligible for PR already or Retained right of residence

You been living here since 2007 with your Husband ?

When did you apply for EEA2 first that was refused?

and 2nd time when it was accepted?

What is your husband doing now ( working or self employment ) ?[/quote]

Early 2010 I applied and was refused and returned to Oz from May to August, came back a month then was in Oz from September to March 2011 and have been here since and had visa granted Feb 2012

This is the only time we were aprt and have lived together always.

He is still self employed.

[SouthWest1]

I have a friend in a similar situation!

I take it that you were married on March 2009. was it in UK or abroad?

My friend got married here in UK and his time start counting from his marriage date and managed to get his ROR application approved based on divorce after 4 yrs of marriage date.

Also, it looks like it took you nearly 3 years between marriage and getting your RC. was it because of the first application refusal?

[zosiu]

Maybe this is more clear!!

Im Australian and have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.

We have been together 7 years, married 5 years next March and been living together here together since 2007.

I was working illegally for some time and entering on 6 month tourist visas issued at the airport border control back and forward and changed passports at one point to continue being able to do that.

Married in Oz in March 2009 and came back to the UK, My son was born here in June 2009 and late 2009/early 2010 I initially applied for EEA2 that was rejected due to insufficient proof of his self employment.

I then returned to Oz from May to August 2010, came back a month then was in Oz from September to March 2011 and have been back in the Uk together since and had visa granted Feb 2012

This is the only time we were apart for more than a few weeks and have lived together always.

Am I able to stay in the UK? My son was born here and holds Polish and Australian passports. Or would I have to leave if we divorced, would my permit be revoked?

What are the rules regarding divorce? Are there time limits to living together or seperating? Exceptions based on infidelity or anything like that? I have built a life here now and am at a loss as to what to do and really dont want to stay married to a man that is capable of such betrayal if I dont have to.

My visa says feb 2012-2017.

I appriciate your advice as details on the internet or forums are confusing.

[Obie]

You should be fine with retaining your residence in many categories if you choose to proceed in the divorce direction. But at least you should try and resolve it.

If in the end you decide that divorce is the only choice, then your ability to stay here will not be lost. However you should think it through properly and carefully.

[SouthWest1]

you better read the law on Retain of Rights

[http://www.legislation.gov.uk/uksi/2006 ... on/10/made]

i think it will give a clear indication on the provisions.

[askmeplz82]

Maybe this is more clear!!

Im Australian and have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.

We have been together 7 years, married 5 years next March and been living together here together since 2007.

I was working illegally for some time and entering on 6 month tourist visas issued at the airport border control back and forward and changed passports at one point to continue being able to do that.

Married in Oz in March 2009 and came back to the UK, My son was born here in June 2009 and late 2009/early 2010 I initially applied for EEA2 that was rejected due to insufficient proof of his self employment.

I then returned to Oz from May to August 2010, came back a month then was in Oz from September to March 2011 and have been back in the Uk together since and had visa granted Feb 2012

This is the only time we were apart for more than a few weeks and have lived together always.

Am I able to stay in the UK? My son was born here and holds Polish and Australian passports. Or would I have to leave if we divorced, would my permit be revoked?

What are the rules regarding divorce? Are there time limits to living together or seperating? Exceptions based on infidelity or anything like that? I have built a life here now and am at a loss as to what to do and really dont want to stay married to a man that is capable of such betrayal if I dont have to.

My visa says feb 2012-2017.

I appriciate your advice as details on the internet or forums are confusing.

No you will not have to leave

EU citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence

Non-EEA national family members who have resided in the UK for a continuous period of 5 years in accordance with the EU laws also acquire PR

You do not have to live in the same household as the EU national spouse with whom you legally entered the UK or Married under EU law but everyone suggest to live at least 1st year after marriage together under one roof or else UKBA will think it was marriage of connivence


You may have 2 option available

Permanent resident : You need to show that right after marriage your Husband was exercising a ‘Treaty Right’. for 5 years


Treaty Right’

Employment;
The process of seeking employment;
Self-employment;
Self sufficiency;
Study.


You can acquire PR now if you can prove he was exercising treaty right for 5 yrs continuously .. is he working continuously since 2010 ?


or ROR ( retained right of residence ) :