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I need your help pls, I am a non- EU and I married my EU wife in Nov 2007. I got my 5yrs residence card in Nov 2009 and It will expire in 2014. We have a daughter between us who is 3yrs old. We have been dragging issues and it 's leading t divorce. She wants me pack out of the house and am reluctant bcos of the child.
Right now, am thinking of filing a divorce. I want to know if I ll be entitle to the retention of rights of residence? Both of us are full time worker ever since, I am not on any benefit and our child is in the nursery.
But, the circumstances is that we both dont have a joint account because she doesnt joke with money. Will this not affect?
Also, we pay bills seperately ie I pay for Council tax,Gas and Elect (direct debit) while she pays for water in her name. We share house rent but her name is on it bcos she got the house. will these not affect?
Lastly, if i get the RR, will i be able to marry someone else as you know loneliness kills sometimes. thanks .

The papers you have so far should suffice apart from evidence showing she was working until the day of decree absolute. Is she going to help you by providing you with her documents?

When did you actually start living in the UK together?

@ Guerro, thanks you. I should be able to get her payslips and P60 but I dont think she can let me av her passport. Although, because of the love she knows I av for the child she wont want me to av an immigration problem. Can u tell me what documents I really need to provide pls?


@Kitty, thanks a lot. We started living together in the UK since 2007, I came to the UK on a student visa in 2004 and my status changed after our marriage. I waited until she got her 1yr workers registration because I brought her from Poland.

You will need:
marriage certifiate, decree absolute (marriage lasted more than 3 years), evidence of both of you living together at the same address in the UK for at least a year (bills, bank statements, etc), evidence of her exercising treaty rights until the day of decree absolute, evidence of you working or self sufficient since beginning of divorce.

If there is a contact arrangement approved by the court regarding the child, and an order stating access should take place in UK, you may be able to seek retention without needing your then ex wife's documents.