Divorce and consequences

[Nick09]

Hi there,

Me and my wife are in the middle of a divorce and we have a 10month old baby. We have been married for 1.8years but are together nearly 8 years. I’m from India and my wife is from Romania and now she has got full British rights and I have a residence card on the basis of her ( member of eea national ) when my wife didn’t got her full British rights, so what will happen to my status. Do I have to apply for something else or I can live and work in UK until I complete 5 years or but that was for being with my wife. I have still 2.5 years left in order to apply for an ILR. And also if she reports to the immigration that we have divorced.
Please advise what can be done.

[CR001]

I have moved your topic to the EEA Route sub forum as the topic you tagged onto is not relevant to your circumstances.

[Obie]

Once you and your wife divorce, you will have no rights left, unless a UK court rules that contact with your child should take place in the United Kingdom.

I have difficulty understanding how you will qualify for Permanent Residence in 2.5 years if you were married only 1.8 years ago.

[secret.simon]

I have difficulty understanding how you will qualify for Permanent Residence in 2.5 years if you were married only 1.8 years ago.

I have still 2.5 years left in order to apply for an ILR.

Conjecture (i.e. not certain), but I think the OP is looking at applying for ILR(LR) in 2.5 years time, rather than waiting for PR after five years of marriage.

[Nick09]

I got my uk residence visa on behalf of my wife when she didn’t had full rights but as of now she has got full British rights and we have a 1 year old child. I got my visa living together with her for more than 5 years and due to some paperwork I was overstayer when I applied with this cohabitation route and then I got my visa as a member of eea on jan 2015 and it’s valid until jan 2020. So if we separate or divorce what will happen to my visa status ??
They can cancel my residence card or I have still some right to save my status as we have a child together and I’m a biological father of our child.

[Obie]

you visa will lapse unless you retain your right of residence.

[Nick09]

So how can I retain my right of residence?
What I need to do next to safeguard my position as I want to see my child and don’t want to leave the country