retention of right under EU Law

[cutepearl]

HI guys if you can help.

I am married to an EU national for 2 years and 8 months, however we are looking to divorce as things arent going good. she want to leave to her home country now..

but we havent started to divorce yet.if we divorce after 3 years while she is being abroad can i still retain the right of residency ?

we have been in the UK for all the 2 yrs and 8 months. any advice would be helpful please.

[Morpheo]

Hi cutepearl,

i'm sorry to hear about ur situation,
unfortunatly, if she leaves you will cease to have the right to be in this country under the treaty right.

You could join her to her home country.

Once divorced, you will need to prove that you were married for a minimum of 3 years of which one year you lived in the UK. However, the home office demands evidence of your wife that she was exercising the treaty right at the time of divorce.

To summarize:

1- if she leaves u will have to leave (not divorced)
2- if you divorce u need evidence of her exercising the treaty right at the time of divorce. If u can't ur RC will be revoked and asked to leave the country


I hope this helps

M

[cutepearl]

thanks mate..
what if she leaves and then come back within 6 months and don't work and be self sufficient and we divroce affter 3 years in the UK.

i guess i can keep the RC then can't i ?

cheers