can my husband stay in the country until the divorce procces

[tasha_lili]

I would like to thank everyone for replying and giving me some legal advise. I try to make it more clear, if I start to apply for a divorce, I will be legally married until the process is completely over right? I have heard it would take 2 years. If so what would happend, to my husbands visa and residency rights in UK. Will the have to return back to his home country when the EEA visa expires in june 2008? As he doesnt have any legal right over our son, he will not be able to claim visa entery clearence via our son.
So what will happend?? Dear Victoria mentioned that I need to be married until 2010, to make sure that he gets his resicency permit ILR. So does that mean I have to wait until 2010, before applying for divorce.?
thanks kind regards tasha

[Administrator]

.

You are sponsoring him as his spouse.

Effective immediately (if you wish), you are no longer sponsoring him.

When you stop sponsoring him, the grounds for his spouse visa are no longer in effect.


That's the simple answer.

Now, what is it that you want? Are you trying to keep him in the country, even though the marriage is no longer a durable relationship?

If so, that's fraud.

Think very carefully about what it is that you want to do. We can advise you here on various immigration issues and circumstances.

Actively abetting you and your husband in fraudulently maintaining his visa is not something this forum can participate in.

Please phrase your questions carefully.

the Admin

[VictoriaS]

I am sorry, but as tasha is an EEA national, and her spouse remains legally in the UK until a divorce is finalised, then what she seeks to do is not fraudulent at all. If she were a UK national then it would be, as the spousal visa is considered invalid as soon as the relationship breaks up, but in the case of a spouse of an EEA national then it is different.

Victoria