# Divorce on EEA2 permit - Have to leave?



## zosiu (May 10, 2011)

I have a few questions regarding my EEA2 family permit and Divorce.

Im Australian and have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.

We have been together 7 years, married 5 years next March and been living together here together since 2007.

I was working illegally for some time and entering on 6 month tourist visas issued at the airport border control back and forward and changed passports at one point to continue being able to do that. 

Married in Oz in March 2009 and came back to the UK, My son was born here in June 2009 and late 2009/early 2010 I initially applied for EEA2 that was rejected due to insufficient proof of his self employment.

I then returned to Oz from May to August 2010, came back a month then was in Oz from September to March 2011 and have been back in the Uk together since and had visa granted Feb 2012

This is the only time we were apart for more than a few weeks and have lived together always. 

Am I able to stay in the UK? My son was born here and holds Polish and Australian passports. Or would I have to leave if we divorced, would my permit be revoked?

What are the rules regarding divorce? Are there time limits to living together or seperating? Exceptions based on infidelity or anything like that? I have built a life here now and am at a loss as to what to do and really dont want to stay married to a man that is capable of such betrayal if I dont have to.

My visa says feb 2012-2017.

I appriciate your advice as details on the internet or forums are confusing.


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## Joppa (Sep 7, 2009)

There are circumstances in which you are allowed to stay in UK after your divorce, called retained right:

"A person who ceases to be a family member of an EEA national who is a qualified person or who has acquired permanent residence on termination of a marriage or civil partnership will retain a right of residence if:
the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.
In such circumstances a family member retains a right of residence if:
(a) S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b) S/he is a self-sufficient person, or
(c) S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person."
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter2.pdf?view=Binary

So the crucial thing is if you are working, self-employed or self-sufficient in UK now.


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## Jrge (Mar 22, 2011)

Hi,


zosiu said:


> I have a few questions regarding my EEA2 family permit and Divorce.
> 
> Im Australian and have just found out that my Polish husband has been cheating on me for several months and am now at a loss as to how I can continue to stay here if I was to file for divorce.
> 
> ...


Sorry to hear about your situation. As difficult as it might be, "stick" around for some time BUT find a job ASAP. That's all you would need to get ROR. Read Section 4 of EEA2. http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/eea/eea21.pdf

Animo
(Cheers)


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