Non EEA family member: right of residence following divorce

[thsths]

Under English law, there are 5 grounds for divorce.

4) Two years' separation

After a couple have been separated for 2+ years, they can divorce if they both agree.

I have heard of this, and it still strikes me as completely outdated. I also heard that there is some case law now that makes the divorce easier, on the grounds that 2 years are an unreasonable amount of time (and what about the 5 years for a forced divorce?).

So he may be adament, but he needs grounds!

Indeed, she may well be able to hind behind the letter of the law. Of course she has to avoid any "compromising circumstances".

But if there are other options for her, I think she should pursue them. Dragging out a divorce can be a nasty process, and live would be a lot easier on a normal work permit. And she could try to recover the cost of the visa in the divorce settlement (to which he would agree, unless he misses the point).

[avjones]

I have heard of this, and it still strikes me as completely outdated. I also heard that there is some case law now that makes the divorce easier, on the grounds that 2 years are an unreasonable amount of time (and what about the 5 years for a forced divorce?).

Not as far as I know, but family law isn't my area, so don't rely on it!

[identiysupremacy]

When you file for divorce, you are expected to let the HO know that the divorce has gone through. How quickly are you expected to sort out all of your affairs before you return home?

Anyone know how much time they give you? Or are you supposed to basically be packed and ready to go on the day you sign the docs?

[John]

When you file for divorce, you are expected to let the HO know that the divorce has gone through.

The source of that?

[identiysupremacy]

The Home Office letter that came with the visa says:

"This Directorate should be notified immediately if you family member decides to leave the UK, or ceases to exercise a Treaty right here, or if you cease to be a family member"

[identiysupremacy]

When you file for divorce, you are expected to let the HO know that the divorce has gone through. How quickly are you expected to sort out all of your affairs before you return home?

Anyone know how much time they give you? Or are you supposed to basically be packed and ready to go on the day you sign the docs?

Can you continue to work until you leave?

Sorry to repeat this question but it is quite important for me to know this.

[VictoriaS]

You can work until you are divorced or until your spouse leaves the UK.

Victoria

[Gabby2000]

If someone is married to an EU citizen & in the UK on a EEA Family permit - they have a 6 year old daughter in fulltime education, but has been estranged from her husband and met a British man whom she is pregnant with...what can she do to stay in the country, work and use the NHS as usual (as she wouldve been paying Taxes from the day she arrived). She has been married for 4 years, living in the UK for just under 4 years and the EU citizen & her (non-EU) are friends. She has moved in with the British citizen & wants to divorce the EU citizen and continue life planning a wedding and having a family with the British citizen. Regulation 10 allows for a EEA Family Permit through the child, however the non-EU citizen is not allowed to work and has to get medical insurance for both her and her child (making it impossible to live in the UK - without working). She is afraid to return to South Africa and apply for a spousal visa to come back based on the fact she is pregnant. Any ideas what the best action to take it?