EU Family Member

[jttsanny]

I am a current holder of EU family member because I got married to a Dutch national in month of march 2010, and we also had a child in 2008 who also has a dutch passport.

I had a child with someone else 11 months after our marriage. Initially she forgave me, but it all changed when her families got to know, so they demanded for the sum of £4000, and now she wants a divorce because I am refusing to pay.

I have gone to seek for advice from two different solicitors, but I got different advice.

First solicitor said because we have been married for 2 years, then i can apply for an ILR under my own right.

Second solicitor said we have to be married for at least 3 years before any divorce proceedings, and so I cant apply for an ILR. and I have been served the divorce papers by the bailiffs.

Please I need an advice before putting any application to the home office.

[Obie]

Both Solicitors dont seem to be giving proper advice, taking into account all your circumstances.

As you both had a child together, there is no need for the marriage to have lasted for 3 years before divorce, so long as you have arrangement in place for access rights or custody of the child you had with the EEA national.

You will be unable to put any application now, as there is no divorce

[rachellynn1972]

That is blackmail, why £4000 and what is it for? Make sure you get court order to have a share custody of your child. There is nothing like ILR under eea, you may be qualify for a ROR depending on your circumtancies mostly you must have been married for 3yrs and have lived together in UK for a year. In your case, until a decree absolute is giving, you are still a family member of eea.

[rachellynn1972]

I read your post again, you said you got married in march 2010, if that so, by march 2013 your marriage have been 3yrs. If this is true, you should be qualify for a Retention Of Right after your divource under eu rules as long your wife is exercising treaty right until the date of your divource. Do explain your situation further here and you will get more good advice on this forum, most solicitors are crap when it comes to immigration under eu rule, they mixed HO rules with eea without understanding that eu rules is a right as long as you find yourself fit to one or two of the eu laws.

[Obie]

According to the OP's post, it appears the divorce proceedings were initiated before he had completed 3 years of marriage, therefore the 3 years rule may not apply.

I agree the solicitor seem a bit confused, as there are no provision for the OP to apply for ILR after 2 years of marriage and divorce.

We should be careful how we criticise the OP's wife's family, as there are always two side to a coin, and different culture may have different norms for dealing with violation such as adultery. We don't know, so it is best we just focus on the law, and its applicability to this individual's case.