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Breakdown of marriage

Posted: Mon Mar 03, 2014 12:59 pm
by Kevin101
Hi all,

I am hoping you could assist me with possible answers to the following scenario.

My (ex) wife arrived in the UK in October 2013 on a family permit (I am an Dutch national who has been living in the UK for the past 14 years).

However, we recently agreed on a divorce (unfortunately) and she is pregnant with my child.

Now, I haven't applied for a residence card yet given the change of circumstances.

Will she still be able to remain in the UK or are they going to send her back?

Thanks in advance

Re: Breakdown of marriage

Posted: Mon Mar 03, 2014 3:56 pm
by Amber
Perhaps due to the child, see also, RIGHTS OF NON-EEA NATIONAL FAMILY MEMBERS OF EUROPEAN ECONOMIC AREA (EEA) NATIONALS (click). chapter 6 - Retaining a Right of Residence.

Re: Breakdown of marriage

Posted: Mon Mar 03, 2014 9:51 pm
by Obie
The child is not born yet, so he/she cannot enter the equation at this present moment. if you file for a divorce now, she will not qualify for retention of Residence.