situation advice for non-EEA family member

hello all
let me short cut my lifehood .came to uk as international student on sept 2004 and got permission to marry in uk and finally got register married on july 2006 and after long hope i was granted non-eea2 permit for 5 years and i am married to eu national who is a student here.

the problem starts here ,Due to lack of interest in his studies and no mood for work because of his poor english accent,my husband want to return to italy(home country),Due to this issue we as a couple have regular fights and now he says ' Not capable to live with you '. and not intrested in me anymore and never take responsibities and dont want to have kids.
i am working part-time and from tht income i am paying for house rent,food and travel charges and also pay for his studies and manage household daily work.i got no support from my family side.

if i file a petition for divorce on bad behaviour of my husband will the HO revoke my eea2 visa .he is tryin to run away leavin me and shows no sympathy on me and not shows interest in family counselling.

we are living together on the same address in uk for the past 2 years .will i get legal status to live here while applying for divorce eventhough he is gone to italy.is ther any time factor requirements ?
I request all the forum member to advise me as i want to live a peaceful life and have a better caring husband who loves me cares me and stand supportive to me.

awaiting for your all replies
regards and keep up good work
myla

smshm, the soap part of the story aside, it has only been just over an year since you have been married and getting divorced so early will technically invalidate your Residence Card and you will have to qualify by your own right if you want to stay in the UK.

However, my advice on this matter is that if you are not going to get divorced for another 2 more years but seperated, i.e- move into another place and get on with your life as if you are single and then after June 2009 get the divorce, you will be allowed to continue towards the Permanent Residence (PR) in June 2011 as long as you keep working and do not become a burden on public funds.

The HO is not going to look kindly on any reasons for divorces unless circumstances like recorded domestic violence can be proved and getting tired of a spouse definitely isn't one.

Docterror wrote:smshm, the soap part of the story aside, it has only been just over an year since you have been married and getting divorced so early will technically invalidate your Residence Card and you will have to qualify by your own right if you want to stay in the UK.

However, my advice on this matter is that if you are not going to get divorced for another 2 more years but seperated, i.e- move into another place and get on with your life as if you are single and then after June 2009 get the divorce, you will be allowed to continue towards the Permanent Residence (PR) in June 2011 as long as you keep working and do not become a burden on public funds.

The HO is not going to look kindly on any reasons for divorces unless circumstances like recorded domestic violence can be proved and getting tired of a spouse definitely isn't one.

But this option is only available if her husband stays in the UK, no? Surely if he returns home, then any rights she has (before the 3 years for retention of the EEA FP) is cancelled?

ther should be a way out . can i atleast stay upto my visa expiry thats 2012 feb.

sakura, you are getting pretty good at EU law as well. Yes, Even tough I read it, I forgot to take that into consideration and it is true that he has to be in UK for her to be technically legal here and while issuing the Residence Card, the HO does ask to be informed in the case that the EU family member does leave the UK.

But, assuming that the EU family member does leave and the non-EU family member does stay behind, unless they get themselves in front of an IO before the 3 years are up, the non-EU could make it through!