need some help please

I'm am non EU living in London since September 2004 I married a french women in September 2006 and I received my 5 year residence stamp on my passport until September 2011.

I've been working full time as a Manager in a hotel since 2005. unfortunately my wife and i split up a year ago due to my crazy working hours and she is filling for a divorce in wandsworth court the divorce is not yet pronounced. my question is if we get divorced do i have to leave the country or can i stay until September 2011, or am I entitle to apply for settlement or permanent residence in the United Kingdom.

I heard that after 3 years i can apply by my self is it true?

please let me your advice in this matter as I've been searching on the home office website for some answers and its very confusing.

thank you in advance.

You are considered a Family member until the Decree Absolute of you divorce is passed. Once it is passed, you will need to apply for retention of your residency, provided you meet the condition, which is, you wife would need to provide you evidence to supply the HO that up until the time the final divorce is passed, she was exercising treaty rights in the UK.

At the moment you need not worry, as not much could be done or happen to you. Provided she doesn't choose to leave the UK in the meantime.

thanks Obie

she is not leaving the country as we both have good jobs but i am not sure that she will give me any evidence that up to the Decree Absolute she was exercising treaty rights in the UK.

she is not answering my calls i know where she work but i don't want to harass her or make a scene its not my type.

is there another way that i can use to prove to HO that she is still exercising her treaty rights in the UK, maybe by providing them with her employers details and her job title, i also have friends who are willing to be my witnesses and state that she is still exercising her treaty rights in the UK is that enough?

XSHADOWX wrote: i also have friends who are willing to be my witnesses and state that she is still exercising her treaty rights in the UK is that enough?

NOPE! They want to see actual documents, not statements from third party 'witnesses'.
Best to try and get back on speaking terms with your ex-partner!