lulujs wrote:i am on eea-family visa, we originally came from germany, we stayed 8 months there, we are now 2 months here in the UK..
our marriage is irretrievably broken down and i want to file a divorce here in northern ireland, we are married 4 years now..what will happen to my eea-fam visa after divorce? we have one child aged 2 with Dutch passport..can i stay with her if the father leaves us here?
It is going to be a bit difficult. You have the right to stay if your marriage lasted 3 years (ok), one of which in the UK (and that is the problem). So if you get the divorce before completing this year, or if your husband moves to Holland (?), you may not get the right of residence under European law. See the Directive 2004/38 for the details, it is quite readable.
You may also get the right of residence based on your child, but that is a difficult case. The Home Office is very much opposed to using children as an argument in immigration matters (for good reason), but the European human rights laws are more positive. Of course this also depends on the father, maybe he wants to raise the child in Holland? There is no point in fighting on two fronts, so you would need his support.
Tom
