Help divorce with eea member

[Hgomes]

Hello

I Lived with my wife for 4 years
Have two kids born here
My wife and me seprated in June 2016 when i completed 4 years of my marriage. My 5 years visa is expiring in Jan 2018
My wife has just applied for divorce stating how i am a bad father which is false. My lawyer told me to apply through children but i do not go to see my kids and now my wife doesnt allow me. I have a eu gf now with whom i stay from past 8 month (the same reason my wife seprated from me)
What are my ways to remain in the country, please help.
I have just send back the divorce petition how long does the full divorce process take?
Can i marry my new girlfriend after the divorce and stay in the country on her basis please help im confused.

[CR001]

What is your current UK immigration status?

A divorce can take a few months, depending on your circumstances. Suggest contact a family solicitor or CAB and get advice as this forum is not for divorce process questions.

[Hgomes]

Hello

Yea my visa status is dependant on my wife . Eea family visa.
Once the divorce go through what happens to my stay here. Thanks

[CR001]

You should apply to retain rights of residence.

I believe to do this, your wife must be exercising treaty rights at the time of the divorce and you must submit evidence for RoR.

[Hgomes]

My wife is on universal benefits because she taking care of kids.
Is that ok as exercising treAty rights. Thanks for your response

[CR001]

No, I don't think being on benefits will count.

You will then have to find another way to stay in the UK.

To marry, you have to give 28 days notice to an HO approved Registry office. They then have to notify HO and this notice period can be extended to 70 days for HO to investigate and/or interview you and your girlfriend separately, before granting permission to marry. If you marry, you will then have to start again with a new 5 years residence based on your new EU spouse.