Non-EEA father of 2, EEA wife wants divorce..

Hello
I have searched the forum for answer but I could not find fruitful answer.

When I was student I married my wife (EEA-Slovak) in Dec 2004 in UK. She was on WRS then but I did not apply for RC then.
We moved to Slovak in April 2005, ( I got permanent stay in Slovak as spouse to slovak).
We have 2 kids and stayed there until Mar 2009.
Came to UK again in Mar 2009 and got RC in July 2009. (wife self employed)

Things turned worse lately my wife moved with her friend house with both children and now wants a divorce sent papers via solicitor.

I do not know what to do, what would happen if sign the divorce papers.
Will I have access to children?
Do I need to inform HO?
Is it time for me to go home (Iran?)

I do not want divorce though. I believe this phase will pass but she won't listen.. ;(

I am self employed restaurant owner. she is/was partner however started employment somewhere else..

Since you have been married for more than three years and one year you have lived in the UK, you can retain your residence even if you get divorced. You will however need help from your wife in that you would need to provide proof she has been exercising her treaty rights during your stay in the UK.

Not sure about access to children though.

thanks

how this "retain your residence " works?
where to start?


thanks

Access to your child will not be a problem,arrangement can be made between each other or making an application to the court.

thanks
you are right about the kids..

So what should I do now?
Tell HO?
Do I need to apply for some other kind of visa?
Which form to fill in?

thanks

Hi,

Sorry to hear about your situation, all the advice given so far seems spot on, but in order to advice on the right way forward, can you provide infomation on the following.

1. Are you being allowed contact to your children by your wife? Is there some agreement in place for contact, and in the event of a possible split, would the children be staying in the UK, or will you consent to them going to Slovakia?

2. Is your business registered in both of your name, or is she exercising treaty right in some other capacity, and has withdrawn her name from the ownership?

On the face of things, you will/might be able to retain your right of residence, under few categories.

However you will need to wait for the decree absolute to come through.

If the marriage has irreconcilably broken down, and their is no prospect for reconciliation, then there is no harm signing the divorce forms.

As there are children, probably, you might need to discuss , whether it is the right way forward.

In any case, i can't see it causing you much harm, if any, in regards to your immigration status.

Obie wrote:Hi,

Sorry to hear about your situation, all the advice given so far seems spot on, but in order to advice on the right way forward, can you provide information on the following.

1. Are you being allowed contact to your children by your wife? Is there some agreement in place for contact, and in the event of a possible split, would the children be staying in the UK, or will you consent to them going to Slovakia?

2. Is your business registered in both of your name, or is she exercising treaty right in some other capacity, and has withdrawn her name from the ownership?

thanks Obie for further info.

1- At the moment I can meet the kids whenever I want. she has no objection to that.
No there is no formal agreement for visitation.
At the moment she is in UK however I suspect she might go back to Slovak as we have our own house there.
I do not want the kids to be taken to Slovakia apart from family visits.. and want them to stay in UK if I am allowed to stay in UK.

2- Business is registered still on both names however she is now in employment.

Obie wrote: On the face of things, you will/might be able to retain your right of residence, under few categories.

However you will need to wait for the decree absolute to come through.


In any case, i can't see it causing you much harm, if any, in regards to your immigration status.

What "few categories" you are referring to?

regards