paying child maintance legal rights to stay in UK ?

[hphp]

After no change and my husband continuously cheating never having any comitment to our marriage even in terms of financially supporting the family.
I decided to move on and get divorce. I am eea national resident in UK, my son is 5 years old also eea national resident in Uk with me.
My husband is non European citizen I filled for divorce 15th october 2010, I been told if he doesnt reply respond to any letters 4-6 mth we be automatically divorced.
Now my son is a student in Uk and I live here permanently, my husband recently got a 5 year visa, based on our marriage, which will be evoked when the divorce gets through.

I have a 5 year old son he would like to pay child maintenance can he get a legal visa or way to stay in Uk because of that parental relationship he likes to take for my son despite not being the real father? when he real father runaway and my sons father is unknown. ( still searching for him)
Is there any way he can stay or not?

[SSEF]

After no change and my husband continuously cheating never having any comitment to our marriage even in terms of financially supporting the family.
I decided to move on and get divorce. I am eea national resident in UK, my son is 5 years old also eea national resident in Uk with me.
My husband is non European citizen I filled for divorce 15th october 2010, I been told if he doesnt reply respond to any letters 4-6 mth we be automatically divorced.
Now my son is a student in Uk and I live here permanently, my husband recently got a 5 year visa, based on our marriage, which will be evoked when the divorce gets through.

I have a 5 year old son he would like to pay child maintenance can he get a legal visa or way to stay in Uk because of that parental relationship he likes to take for my son despite not being the real father? when he real father runaway and my sons father is unknown. ( still searching for him)
Is there any way he can stay or not?

Firstly only can a divorce be dealt with in such a quick manner if both parties are willing and it is amicable - this does not sound an option for you since he is not even responding/can not be found. You do however have strong ground for divorcing him on the grounds of adultery, but this could still take some time due the fact he is not co-operating.

Regarding his visa, well, it depends on how long you have been married and residing in the UK whether he will be asked to leave the UK, but its highly unlikely because if they do he will go for an Article 8 on the grounds of having a son in the UK, ensure you notify the Home Office of your pending divorce, write to the address below and enclose any paperwork you have pertaining to your divorce along with his full name, DOB and any details about the visa he has - his visa should be revoked now since the relationship is not substisting, the mere fact you are legally married makes no difference!

Evidence and Enquiry Unit
UK Border Agency
Lunar House
12th Floor (Long) Corridor
40 Wellesley Road
Croydon
Surrey
CR9 2BY

[Greenie]

his visa should be revoked now since the relationship is not substisting, the mere fact you are legally married makes no difference!

this is incorrect, he remains a family member of an EEA national until the marriage is finally dissolved (decree absolute).

See:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

4.1 Divorce or annulment of marriage / dissolution of civil partnership
The case of DIATTA (ECJ 267/83) established that a spouse did not cease to be a family member in the event of marital breakdown/separation until such time as a divorce was finalised (Decree Absolute obtained).
Our policy is to revoke or to refuse to issue/renew a residence card in the event of divorce from the EEA family member, unless the non-EEA national has a retained right of residence in the UK (see section 6).


See Para 6 of the same document in relation to whether he might retain his right of residence.

[SSEF]

his visa should be revoked now since the relationship is not substisting, the mere fact you are legally married makes no difference!

this is incorrect, he remains a family member of an EEA national until the marriage is finally dissolved (decree absolute).

See:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

4.1 Divorce or annulment of marriage / dissolution of civil partnership
The case of DIATTA (ECJ 267/83) established that a spouse did not cease to be a family member in the event of marital breakdown/separation until such time as a divorce was finalised (Decree Absolute obtained).
Our policy is to revoke or to refuse to issue/renew a residence card in the event of divorce from the EEA family member, unless the non-EEA national has a retained right of residence in the UK (see section 6).


See Para 6 of the same document in relation to whether he might retain his right of residence.

My mistake, but whilst he is still married to an EEA national, they are no longer in a "relationship" and the sooner she informs the HO the better.