Immigrationboards.com

Hi all,
I am new to this site and hope I will get the right information from here.
I have been married to EEA women for 3 years. Everything was going fine until I caught her cheating last year. Now we are living separately and planning to file divorce petition soon. I know I can apply for retain of residence visa after 3 years of marriage but I am seeking information on:
a. My EU wife is planning to apply for British citizenship on the base of 5 years residence in the UK. What will happen to my status if she applies for British nationality before our divorce?
b. What will my status be if I apply divorce when her British nationality application is pending in the homeoffice?
c. What visa will I apply if I get the divorce decree absolute and her application is still pending with the homeoffice?
d. What visa will I apply if I get the divorce decree absolute and she gets British nationality? As she was EEA national before divorce and she would be a British national after divorce?

Thank you all.

I am shocked to find out that no one has replied to my query. I thought this site runs by some legal professionals and people who have vast experience in immigration....!

sanyari77 wrote:I thought this site runs by some legal professionals and people who have vast experience in immigration....!

These forums are NOT staffed by legal professionals or "people who have vast experience in immigration". These are just forums for people who have knowledge of the immigration process because they have gone through the immigration process themselves. If somebody has gone through the same issues as you, they will get in touch on these forums. But they are under no obligation to respond to you and under no obligation to respond to you when you want.

sanyari77 wrote:a. My EU wife is planning to apply for British citizenship on the base of 5 years residence in the UK. What will happen to my status if she applies for British nationality before our divorce?

If she becomes a British citizen (i.e. attends the British citizenship ceremony) before the date of your decree absolute, you lose your right to reside in the UK based on EEA Regulations. You also lose the right to RoR.

sanyari77 wrote:b. What will my status be if I apply divorce when her British nationality application is pending in the homeoffice?

You will have a right to reside based on your EEA citizen wife until the date of the decree absolute (assuming that she is exercising treaty rights in the UK or has PR herself).

sanyari77 wrote:c. What visa will I apply if I get the divorce decree absolute and her application is still pending with the homeoffice?

RoR

sanyari77 wrote:d. What visa will I apply if I get the divorce decree absolute and she gets British nationality? As she was EEA national before divorce and she would be a British national after divorce?

See answer to (a) above.

Thank you.

Hi all, I am going to apply for divorce soon. My wife is not in contact with me because she has changed her phone number and not willing me to meet me if I go to her home. MY detail is as under:

a. We have been married for 4 years and living separately for 2 years. We have lived together for 2 years.
b. I have her payslips, tax credit letters, tax assessment letters, child benefit letters (not my children), few bank statements and few letters relating to the housing benefits/council house.
c. Now the problem is I need her current payslips and other documents to prove that she has been exercising treaty rights at the time of divorce. As for as I understand, I must have documents to prove that we were living together for at least 1 year after marriage and her ID in order to obtain ROR visa which is obvious she would never help me out.

What are options available for me? Is there any other paper that I must attach other than the decree absolute? Can I request to the case worker that despite of my best efforts I am unable to get her ID documents and my case may please be assessed without her ID?

Your help will always be highly appreciated.
Thanks.