EAA2 application pending but she left me PLZ HELP!!!!!!!!!!!

[ibi]

Hi everybody!!!
nearly 5 months from submitting EAA2 application, so far everything is fine, but my wife she left me taking the baby away to her country Germany and asked for divorce, so basically they still have my and her passeport and the HO don't know about this.
Anyway
she is threatning with few things to keep the application going or give up my custody.
I will never give up my custody of course, next week I will start with the International child abduction procedure under the hague convention as the baby is normally resident in the UK and we both have custody.

my questions are:

1)According to this:

5.4 Retention of a right of residence if the non-EEA national does not meet the requirements detailed in 5.2 but has custody of a child of the EEA national
Regulation 10(5)(d)(ii) of the 2006 Regulations makes provision for the following:
If the marriage or civil partnership has lasted less than three years, or the parties have not resided in the UK for at least one years during the duration of the marriage or civil partnership, the non-EEA may still qualify if they have custody of the child of the EEA national.

5. 5 Making an application on the basis that the non-EEA national has custody of the child:
The following documents must be supplied:
• Passports of the non-EEA family members
• Divorce certificate/termination of partnership certificate
• Birth cert of child confirming relationship
• Court Order confirming custody
• Evidence that at least one of the non-EEA family members is a worker, selfemployed,
or economically self-sufficient.1
1If the only activity undertaken is as a student then they will not qualify, unless the student has sufficient
resources to be self-sufficient.
If we have not previously issued a residence card we must be satisfied that the
alleged EEA national is an EEA national and that the non-EEA nationals were living
in the UK with the EEA national prior to divorce/termination of civil partnership, and
that EEA was exercising Treaty rights during that time.

Does all that satisfy my situation?

3) any other solutions u see guys i can remain my rights of stay in the UK, and have my baby back to me?

Thanks a lot!!!!!!!

[sakura]

How long have you been married and present in the UK? Have they already left the UK or your wife is stating that she will do so? How old is the child?

[ibi]

living together for more than 2 years with evidence, married for 6 months, they already left the UK ( 2 weeks ago ), and the baby is 10 months old ( not breast feeding ).
Thanks

[Wanderer]

Didn't like the answers here then!

http://www.ukresident.com/forums/index. ... opic=69384

[ibi]

what do you think?
someone is telling me I do not have rights to the child abduction procedure and to wake up, and I defently do after asking the child abduction unit and 2 solicitors.

and the other is answering questions I did not ask.

and you here coming bringing the link as a joke.

the time that u spent to go and look for it and post it in here, would it be better to say something sensible or just walk away.

[Frontier Mole]

I totally agree with Wanderer.

You are an illegal in this country with absolutely no rights to be here. From an immigration point of view you should have left the country when your wife did.

Your child is a German citizen with no automatic right of abode in the UK. Even if you have custody rights you can not exercise them in this country. By all means fight for custody but remember even if you were to win, unlikely given your illegal status in the EEA, you would have to return to your own country or at least leave the UK.

Child abduction laws - I do not have a clue about, but I do know immigration law. You were here on the back of an EEA citizen exercising her treaty rights in the UK. She has left the UK, is no longer exercising her treaty rights therefore your immigration status in the UK is null & void.

Here is the something sensible part - Get on a plane either to Germany, if they will let you in. Or go back to your country of origin, which I am guessing will be some ex Eastern Block country or Russia.....

Sounds like all mouth and no Rubles to me.

[thsths]

someone is telling me I do not have rights to the child abduction procedure and to wake up, and I defently do after asking the child abduction unit and 2 solicitors.

I think you do have a valid child abduction case, but you should contact the German authorities about this. I assume that the child has German citizenship and is in Germany for the time being, so they are obviously responsible.

Your status in the UK is indeed questionable. While the rules probably say that you have to leave, I am sure that a court would give you a reasonable time to sort out the situation, e.g. waiting for the application to be completed and applying for a visa to Germany. But you will have to leave, unless you can get custody for the child in the UK, in which case you may be able to stay as the parent of an EU citizen.

Tom

[ibi]

That's what I tought as well tom!
Anyway...thank you!!!