can divorce effect my partners residency permit

[tasha_lili]

I am a EU citizen currently a fulltime student, and will finish my degree in June 2008.
My partner came to UK, in 2002, with a student visa, we meet each other and got married in 2004, I went back to visit family and friends and gave birth to our child, in 2005, and returned back to UK, I have been given a blue residency card, and my partner came to UK in 2005 with one year entry clearance, and after that we applied for EEA2 and he was granted a spouse visa for around 2 years until I get my degree, in June 2008.
I believe he will get an ILR hopefully next time we apply for him. In the mind while his passport got expired and he have applied to receive a new valid passport, and does he then need to give his documents in to home office to get the stamp for this spouse visa that is valid until 2008 in his new passport, or can he use the old passport. And I am deeply tired of this marriage and want to get divorce but I am afraid it will evoke his residency status and that he gets deported to his home country. The day he gets he ILR stamp in his passport, can I apply for a divorce with effecting his rights to stay in UK?
Basically I want to divorce and I have heard it would take around 2 years, so if I start to apply for a divorce will he then be deported back to his home country? Or do I need to wait until he get this permanent residency in his passport, can I then divorce him the same day he gets he stamp??? Most importantly though he is the father of our child he decided not to be, and my child’s farther is unknown, and I believe if he wanted to give his name and legally also be the farther of our child, we would still have right to stay in UK even if we got divorced, however this can not be the case, and I just want him to be here in UK somewhere in this country and even far way, he can give love to our child, god forbit if something should happened to be car accident or something, he is the farther of our child and will then need to take responsibility for his actions.

Kind regards unhappy betrayed woman and a mother

[SYH]

Thats very nice of you to not be spiteful and be very practical about the situation unlike so many other posters.
I don't think starting the proceedings is an issue as long as you sign the ilr form when it comes time.
Guess you should wait for the others to chime in.

[Docterror]

unhappy betrayed woman and a mother

Awww! And you still took the time to came over and ask for help that will benefit him. That is so sweet.

Too bad I am not buying any of this!

Getting to the legal matter in hand, the next step for your husband is not ILR but further extension for the EEA2. He needs a total of 5 years on the EEA2 before he gets the ILR... and, he is not given a spouse visa, but a Residence Card/Permit.

[SYH]

unhappy betrayed woman and a mother

Awww! And you still took the time to came over and ask for help that will benefit him. That is so sweet.

Too bad I am not buying any of this!

Getting to the legal matter in hand, the next step for your husband is not ILR but further extension for the EEA2. He needs a total of 5 years on the EEA2 before he gets the ILR... and, he is not given a spouse visa, but a Residence Card/Permit.

What does Jabi mean?
It makes me think of Jabba the Hut

[Docterror]

What does Jabi mean?

Friends tend to call me so. It's an acronym for Just Another Brilliant Individual. I am very humble. I could not make it my user-id as someone else had taken it up before me.

Makes me think of Jabba the hut

Stop looking in the mirror so that reading words sounding similar will not remind you of what you had just seen!

[tinux]

unhappy betrayed woman and a mother

Too bad I am not buying any of this!

.

why not??????? not everyone is as bad as you think. You sounds like a police man :D

[SYH]

Too bad I am not buying any of this!

.

why not??????? not everyone is as bad as you think. You sounds like a police man :D

Actually it is a little too good to be true from my world of reality too.
My line of thought is that its the hubbie trying to play the wife to see how he can get his ILR but don't really care one way or the other.

[Docterror]

why not??????? not everyone is as bad as you think. You sounds like a police man

Don't get me wrong. I have no objections to anybody playing you for a fool. It is just I who refused to believe that somebody is that 'naive'.

Yes, Naive is the word. Here is someone with a story that says that they married in 2004 and had a child in 2005, in just an year and yet the father refused to be named on the Birth certificate. She accepted that! (My line of thought... may be not his child.. atleast according to him)

Then he comes over and gets an Residence Permit and thus she gets time to sort out the guy further but he does still not do anything to acknowledge his duties! Meanwhile the marriage broken to such a point that the OP is 'tired' and wants a divorce.(First practical thinking in my line of thought)

But, hey! For someone who is so tired of him she takes up the time to come up and makes sure the husband could stay in the country just in case he will change his point of view and take up the child in case something happens to her in the future? Sorry! this isn't just naive!

Naive is doing all that and not being smart enough to know confidential details like when the passport expires etc. and not being a bad person or a nice one is letting the father get on his life without reporting the thing to the HO. Just tell them to stop when you have had enough of the spin as well!

[tasha_lili]

first of all thanks to everyone who tired to answer my questions in this difficult situation. I believe whose of you whom are parents epessially a mother might understand my feeling better. I do not need to prove anyone that he is the father of my son, because he is, and that is a fact, He was the first and last person who entered my life. I have seen so many children look alike there fathers, but my son is exact copy, the only thing that differ is the colour of his eye. I didnt planed to become pregnant I was on pill, and I didnt have any clue about it as I had period, until I fall down stars and got hostipalized where the doctor informed me about it. Later after we got married my husband said If I become pregnant again, he would leave me. Even if he oneday regret that he said this to me I will not. He wish, I will never become pregnant, and carry his child, allow him to become a father again, and enjoy, because he doesnt deserve it, if it was up to me, I try my best. However it is not God gives and takes lives.
I cannot return back his home country which is the country Iam born myself, even if I had a change before, I can never ever enter the country only if the regime changes. the father need to give premission to there children for them to be able to enter the country. My son need his fathers premission to enter the country, and his father is "unknown", in this case I am in trouble, and so is my son. Therefore I do not have an oppurtunity to visit even my own family members in the country. ( I never had, I was only born in the country and stayed there for around 30 days)
It is so important for me that my childs father can stay in the country, not for me, but for our son, I need to think what is best for him. I am not living a life with him, I am just trying to survive because of my son. No one can take his place, and I can not change it. But now that I been though the shame to represent myself, as a dirty a ... what ever you name it, girl, I do not want to change it, I am to proud, because I got heart broken, from the start. He told me he didnot want to have any children he wasnot ready, and he didnot want to take responsibility, as I am christian I can not go for abortion, I gave birth to our son, and just waited around 15 days before I named our son, I hoped he would change his mind, after he saw his own child, but he didnt. He even suggested to give his friends name, I never met the person before, aperrantly it is aperson whom dies for him. This situation was so painful for me. Even when his mother came to visit us, she suggested I changed and when to court to say he is the father so he has legal right on our son, and she wanted to raise him for me, to be nice, they start loving him more after they saw how much he look like there own son. TO LATE. Another thing I want to say to all the virgin girls out there, please dont trust men, and all the crap about how marrige is not important it is just a piece of paper, and all that, they tell you I love you I die for you I do that and this, and when you fall for that ( at that time I was really what you call NAIVE) and express your emotions and love towards the person, they donot understand and belive you are just cheap. Even when you are virgen, and beautiful, really pretty, and have 10000 of men from all categories who really want to have you. I wouldnot put all the men in the world under this category and believes that some men in the world really appriceate true love. sincerely tasha

[VictoriaS]

If you really want to help him then you will have to remain in the UK and studying/working until 2010, when you will have to give him the documents to prove that you have been resident here throughout this time. You don't have to remain living with him though.

If you want to divorce then read the rules on Rights of Residence here http://www.ind.homeoffice.gov.uk/docume ... iew=Binary to see if he would qualify if you divorced.

Victoria

[jimquk]

I'd just like to say that whatever the ins and outs of the situation, Tasha's pain is all to obviously real, and I find it unworthy of others to make light of it.

I been though the shame to represent myself, as a dirty a ... what ever you name it, girl,

Shame on anyone that would try to shame you, those that would call you dirty only dirty their own mouths and minds.

Whatever happens with the father, I'm sure your son will get from you all the love he needs. We cannot unfortunately protect ourselves from all eventualities, even with two parents it can hapen that they are killed together. As you said, God gives and takes away, don't worry too much about the father, just take care of yourself and your son.

[Docterror]

tasha_lili, I have by no means called or implied that you were "dirty" and would never do so as I, strictly from a professionally moral point of view do not judge such things.

All I said that I do not entirely believe your story and I still do not do so, inspite of it being entirely obvious to some that it is indeed real. Sorry! And all the best.

[avjones]

Yes, Naive is the word. Here is someone with a story that says that they married in 2004 and had a child in 2005, in just an year and yet the father refused to be named on the Birth certificate. She accepted that! (My line of thought... may be not his child.. atleast according to him)

Actually, it doesn't make legal sense either.

If the parents are married, either parent can register the birth and put BOTH parents' names down. The husband of a married woman is presumed to be the father of the baby.

If the parents are unmarried, the father can't register the birth alone. The mother can register it alone, but the father must attend to have his details put on the birth certificate.

For example, my parents were married before they had children. My mother, alone, registered my birth, and my father, alone, registered my sisters' and brother's births. I am not married, so both of us had to register our son's birth.

[jes2jes]

Yes, Naive is the word. Here is someone with a story that says that they married in 2004 and had a child in 2005, in just an year and yet the father refused to be named on the Birth certificate. She accepted that! (My line of thought... may be not his child.. atleast according to him)

Actually, it doesn't make legal sense either.

If the parents are married, either parent can register the birth and put BOTH parents' names down. The husband of a married woman is presumed to be the father of the baby.

If the parents are unmarried, the father can't register the birth alone. The mother can register it alone, but the father must attend to have his details put on the birth certificate.

For example, my parents were married before they had children. My mother, alone, registered my birth, and my father, alone, registered my sisters' and brother's births. I am not married, so both of us had to register our son's birth.

So, let me get this right. Since they are not divorced yet in the eyes of the law, the marriage is still subsisting and the OP does not need the 'enstranged' husband's consent to register the birth of the child and put 'Him' on the baby's BC as the father (come on Amanda!)?

If the above is true according to Amanda's explanation, then the OP can register the child without dragging the father to registry. OP if you are there please make an appointment to the registry of Birth and Deaths and register the child ASAP.

I believe if your husband still refuses to claim the child as his own, there is what I believe is called due process of the law. Report him to the Social Welfare or Services and I believe he can be 'forced' to take a DNA test to prove he's the legitimate father of the child. In doing this, you would end up getting him to pay towards the upkeep of the child even if he's an absentee father. This would only be the case if the DNA proves he's really the father (I do not have any doubts according to your post he would be since you were a virgin when you met him and there is no way you would take seed unless by divine intervention or artificial insermination ).

As to you helping him remain in the UK, that is your personal decision and as usual I have no comment and I would like to take the 5th on that!

All the best and I pray your emotions calm down soon and have some peace of mind to take care of your little boy. Life without complications can be difficult let alone with one. God bless and strengthen you.

[avjones]

I think it's a bit late for that - the child was born in 2005, so the birth is no doubt long registered.

But if the parents are married, it is right that EITHER parent can register a birth with BOTH parents' names on the birth certificate.

Taking a look at my own birth certificate, it has mother's and father's details there (full names, places of birth, address, etc), and the informant is listed as "mother". Looking at my son's birth certificate, again, it has both parents' details there, and under "informant" it says, "mother, father".

You are right again, of course, in that not being named on the birth cert is not a bar to claiming child support.

[Docterror]

If the parents are married, either parent can register the birth and put BOTH parents' names down. The husband of a married woman is presumed to be the father of the baby.

This is all true only if the birth took place in the UK. But from what I can decipher from the cryptic message, there is a chance that the birth took place in an other country.

[avjones]

Good point - the initial message is certainly no model of clarity.

I agree, what I've said about registering applies to England & Wales.

[tasha_lili]

I would like to thank everyone for replying and giving me some legal advise. I try to make it more clear, if I start to apply for a divorce, I will be legally married until the process is completely over right? I have heard it would take 2 years. If so what would happend, to my husbands visa and residency rights in UK. Will the have to return back to his home country when the EEA visa expires in june 2008? As he doesnt have any legal right over our son, he will not be able to claim visa entery clearence via our son.
So what will happend?? Dear Victoria mentioned that I need to be married until 2010, to make sure that he gets his resicency permit ILR. So does that mean I have to wait until 2010, before applying for divorce.?
thanks kind regards tasha