Non EEA national Advice please

[nicelady190]

Before I start I just want to say thank you all for all the support have received so far from the forum God bless you all.

Now to my question.

Been married for almost 5years since December 2010 to my EEA national spouse and next month December 11th 2015 will make it 5years, and we have a son who's 2plus. Presently we are divorcing to end all the madness and drama in our relationship, details I won't be able to go into. We've lived together for these duration until April this year when he moved out. I filed in for the divorce last month to end it all. What happens to me residences status after divorce? Can I travel out of the country while the divorce is still in process? And after the divorce am thinking of waiting till June or July 2016 to apply for PR since my residence card doesn't expire until August 2016. I need to travel for my grandpa rememberance in March 2016 and I believe the divorce will be through by then. Just want to fine out if I can travel and won't have any problem coming backing into the country with my son.
Thanks in advance for your helpful advice.

[noajthan]

Before I start I just want to say thank you all for all the support have received so far from the forum God bless you all.

Now to my question.

Been married for almost 5years since December 2010 to my EEA national spouse and next month December 11th 2015 will make it 5years, and we have a son who's 2plus. Presently we are divorcing to end all the madness and drama in our relationship, details I won't be able to go into. We've lived together for these duration until April this year when he moved out. I filed in for the divorce last month to end it all. What happens to me residences status after divorce? Can I travel out of the country while the divorce is still in process? And after the divorce am thinking of waiting till June or July 2016 to apply for PR since my residence card doesn't expire until August 2016. I need to travel for my grandpa rememberance in March 2016 and I believe the divorce will be through by then. Just want to fine out if I can travel and won't have any problem coming backing into the country with my son.
Thanks in advance for your helpful advice.

If you divorce your original RC will be invalidated; (it will have been issued on basis of you being the dependent family member, by marriage, of an EEA national).

Suggest apply for PR now (in December), asap before divorce is finalised.

This confirmation of your PR will assure your residency rights in UK.

[nicelady190]

Thanks for your response. How can I apply without his passport because he won't release it for me and I was told I need his passport to apply for the PR.

[noajthan]

Thanks for your response. How can I apply without his passport because he won't release it for me and I was told I need his passport to apply for the PR.

As per PR guidance:

Note: If you find it difficult to provide all of the relevant evidence because your sponsor has died or left the UK, or you’re no longer able to contact them, please provide as much information about them and evidence as you can

Suggest you include a cover letter to explain the estrangement & separation & the current difficuty in obtaining certain documents.

If at all possible, even a copy or an old scan of the passport (or a note of the passport number) would be better than nothing.

This HO guidance (which actually relates to RoR) explains how official can deal with cases where there is missing evidence:
https://www.gov.uk/government/uploads/s ... s_v2_0.pdf
- see page 31; they can be authorised to make their own enquiries

Good luck.