Divorce- removing Son permanently

[goodneuws]

I was seeking assylum before I got married to an EEA national is 08/06. Decree nisi came thru in 09/09 the divorce was initiated earlier 02/09. In between in 06/06 Mrs wanted to come back so she filed for stay of divorce. I said no problem, but you are not going to opt and leave then waltz your way back as and when you want, so , we need take it one day at a time. Very indicative of her volatile and angry nature, she flared up and started divorce again. Anyway, she is raging now, she has filed application for leave to remove our two year old son to her country permanently. she is aware contact is the only leave I would be entitled to to retain my residency which expires in 02/12. she has even brought up questions about my immigration status in our ongoing battle for her application to remove son permanently.
My question is, does my 5yr permit cease immediately if she is succesful? what are my options if any? I have kept a good job for the last three years but not good enough to afford a solicitor. Help please!

[Obie]

Goodnews, i think your will be able to retain your residency after divorce, as you have been married to her for a period of 3 years or more.

However, one of the conditions for retaining your residency in your own right, is that, you can provide evidence to the Home Office that up until the time your divorce was finalised, your wife was exercising treaty rights in the UK.

Would you be able to obtain payslips or letter from her employer stating she is still working in the UK after the decree absolute was passed. If you can, then you stand a good chance of retaining your residency.

The other option is to get a court order, awarding you access to your child in the UK.

[goodneuws]

Thanks Obie. I was just short of 3 years before my ex initiated the divorce proceeding. Over 3yrs before Decree nisi came through though.
I have contact at order from court and prohibitive order stopping her from removing our son the challenge is that she is trying so hard with her solicitor to strip me of the orders and take the boy away, all sort of imaginable allegations as well. I just want to know if I see out my stay till 02/12 incase she succeed in taking my boy away.

[Obie]

Firstly goodneuws, it doesn't matter when the divorce was initiated, according to the UK EEA regulations, what matters is, how long had the marriage lasted before the Decree absolute was granted.

You seem to be mentioning Decree Nisi a lot, which is the first documents issued in a divorce process. Subject to no contention been leveled against the divorce, a court will subsequently issue Decree Absolute, which annull a marriage.

Has you wife applied for Decree Absolute following receipt of Nisi. If she didn't, then you are still legally married until the Absolute has been granted.

It will be hard for her to provide you with the necessary documentation required for you to retain your residency based on 3 years of marriage, but you can apply on the basis of the court order you have to access your child in the UK. This method is much simplier.

Just read the link below, and forward the documentation listed, and you can retain your residence on the basis of access to a child in the UK.

The following documents must be supplied:
•
Passports of the non-EEA family members
•
Divorce certificate/ termination of partnership certificate
•
Birth certificate of child confirming relationship
•
Court Order confirming access rights
•
Evidence that the non-EEA family members is a worker, self-employed, or self-sufficient.
If the non-EEA national is a student then they will not qualify, unless they are a student with sufficient resources to be self-sufficient.
If we have not previously issued a Residence Card we must be satisfied that the alleged EEA national is an EEA national and that the non-EEA nationals were living in the UK with the EEA national prior to divorce/ termination of partnership, and that EEA was exercising Treaty rights during that time.