Married EEA member and get seperate.

[lolik12345]

Hello everyone,i have been married with my husband since 2007 he is lithuanian.myself in UK since 2003 as a student,i am from Uzbekistan.i've got my residence card in 2008 and is valid untill 2013.I have child from previous relationship hwo was born here and she applied with me as a family member,so she has exactly same residence card untill2013 in my passport.the problem is that me and my husband no longer living together like 1 month ago,and i dont know what to do with my documents now?i want to get indefinite live to remain in UK,is it possible or not to get this without my husband we are not officianal divorce yet,but i dont really know what gona be happened in the future.so can i apply just me and my baby and when,what application[if is any].thanks a lot.

[Wanderer]

Hello everyone,i have been married with my husband since 2007 he is lithuanian.myself in UK since 2003 as a student,i am from Uzbekistan.i've got my residence card in 2008 and is valid untill 2013.I have child from previous relationship hwo was born here and she applied with me as a family member,so she has exactly same residence card untill2013 in my passport.the problem is that me and my husband no longer living together like 1 month ago,and i dont know what to do with my documents now?i want to get indefinite live to remain in UK,is it possible or not to get this without my husband we are not officianal divorce yet,but i dont really know what gona be happened in the future.so can i apply just me and my baby and when,what application[if is any].thanks a lot.

U need three years marriage one of which in UK so it doesn't look like you have any grounds to remain in UK I'm afraid.

[Easyfly]

what you mean about 3 years?
. But was expelled if not lasted married 3 scars and more. expelled from uk
Fins no official link to the homepage. where you can see it on
if sam on have a child is born in uk ?


Thanks

[isceon]

Try to make up with your husband ,it's your best chance to stay.
You are just separated not divorced the HO won't remove you unless your husband leaves the uk for good and they are informed about it.
After 3 years marriage you may retain your right of residence under some conditions.
Do not divorce now.

[Ben]

Hello everyone,i have been married with my husband since 2007 he is lithuanian.myself in UK since 2003 as a student,i am from Uzbekistan.i've got my residence card in 2008 and is valid untill 2013.I have child from previous relationship hwo was born here and she applied with me as a family member,so she has exactly same residence card untill2013 in my passport.the problem is that me and my husband no longer living together like 1 month ago,and i dont know what to do with my documents now?i want to get indefinite live to remain in UK,is it possible or not to get this without my husband we are not officianal divorce yet,but i dont really know what gona be happened in the future.so can i apply just me and my baby and when,what application[if is any].thanks a lot.

Do you intend on getting divorced? If so, when?

[lolik12345]

[quote="isceon"]Try to make up with your husband ,it's your best chance to stay.
You are just separated not divorced the HO won't remove you unless your husband leaves the uk for good and they are informed about it.
After 3 years marriage you may retain your right of residence under some conditions.
Do not divorce now.[/quote] Thanks for your reply,we dont talk about divorce yet,but still can u tell me under what condition i can apply.let say we are not divorce but maybe we are not gona live together the HO will need bills,statements on same address what i am gona show?maybe i can apply for bussines visa because i am here since 2003?and my child was born here maybe i can use this for good?thank you all guys.[size=24][/size]

[Plum70]

Thanks for your reply,we dont talk about divorce yet,but still can u tell me under what condition i can apply.let say we are not divorce but maybe we are not gona live together the HO will need bills,statements on same address what i am gona show?maybe i can apply for bussines visa because i am here since 2003?and my child was born here maybe i can use this for good?thank you all guys.

You need to have been married for at least 3 years (one of which was spent living in the UK) before divorcing in order to retain your rights of residence in the UK.

I am no marriage counsellor, but why not try to work things out with your partner?

Unfortunately your child being born here does not give you any automatic rights to remain in the country if you decide to divorce from your partner. However child access rights could be exercised, but I don't know the full details.

Do yourself a favour and tuck into the EU Directive 2004/38/EC so you know what your rights and options are under EU law.

[ca.funke]

...Unfortunately your child being born here does not give you any automatic rights to remain in the country...

Isn't there (still) jus soli in the UK --> Anyone born in the UK is automatically a UK citizen

Edit: Now that I read the link I gave, I guess the answer is >>here<<. Sorry for the slightly superfluous post

[Plum70]

...Unfortunately your child being born here does not give you any automatic rights to remain in the country...

Isn't there (still) jus soli in the UK --> Anyone born in the UK is automatically a UK citizen

No. Not since 1st January 1983. Prior to this time any child born in the UK, irrespective of its parents' immigration status, automatically was British. Now it is largely dependent on your parents' immigration status/nationality.

[Ben]

Isn't there (still) jus soli in the UK --> Anyone born in the UK is automatically a UK citizen

Happy Easter, Christian!

No jus soli in the UK, I'm afraid, not since 1st Jan 1983. It's jus sanguinis now. Only the child of a present and settled person (British Citizen or person with ILR) born in the UK is a British Citizen.

Though there may be other exceptions, I'm not an expert.

EDIT: Sorry Plum - we crossed posts!

[lolik12345]

HAPPY EASTER!and thank u all.

[Directive/2004/38/EC]

U need three years marriage one of which in UK so it doesn't look like you have any grounds to remain in UK I'm afraid.

They are still married. lolik12345 does have complete grounds to be in the UK right now. Depending on if and when they divorce, then other calculations come into play.

Note that all of lolik12345's children would be eligible for British citizenship (by Registration) if and when lolik12345 has permanent residence.