Implications of a divorce on immigration status of Non-EU

Hi

I'm EEA with a PR. I've been married for 2.5 years to a Non-EEA and have a little baby (baby registered as British citizen).

Unfortunately it seems like we may have to end the marriage and get a divorce. What are the implications for my partner and the baby?

My partner doesn't work and has no income. If we apply for divorce, will my partner be allowed to stay in the country, considering she is here based on 'marriage to EEA Citizen'? my logic tells me that if marriage ended, then she will lose her immigration status here and will have to return to her country.

I'm capable financially to raise the baby as I work full-time and have a good salary. Also I prefer the baby to grow here with me and not overseas.

What does the law say? will UK law apply? EU Law? I'm honestly confused and would appreciate any advise possible.

Anyone?

Jersey wrote:Anyone?

She will be fine .

Retaining a Right of Residence

In this latter example, a family member may retain a Right of Residence if:

the marriage or partnership lasted for at least three years before the break down; and
the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership,

or

the former family member of the European national has custody of their children or a right of access to their children in the UK,

If a former family member is deemed to retain a Right of Residence, they are permitted to remain in the UK as long as they are performing an activity that would be considered a ‘Treaty Right’ if they were a European national themselves.



So she need to start looking for job now or have sufficient fund in the account to exercise treaty right as self sufficient after divorce completed

Thanks for your reply. So if we are less than 3 years married and get divorced, she will need to return to her country ?

No, because she's got a British child it's unlikely she'll have to leave. I'd try and help her out for the best interest of the child rather than your own agendas.

Amber_ wrote:No, because she's got a British child it's unlikely she'll have to leave. I'd try and help her out for the best interest of the child rather than your own agendas.

I was just asking a question.