# Divorce on EEA2 Visa - Residence Card



## reg47 (Oct 3, 2013)

Hi Peeps. 

I am desperately seeking help here!
we got married in nov 2011 and applied for residence card in feb 2012. residence card came through in Aug 2012 valid until Aug 2017. Btw, I am a citizen of India.

Now my wife, who is the EEA national wants out. We had issues since January this year, partly my fault. But she wants to go away. Initial idea for her is travelling with her sister to the south east asia, but I have a fear she may not come back..

I would like to know where is stand in terms of a divorce initiation. Would I have to leave the country?

I appreciate any help as finances are a bit tight with my sister's wedding around the corner. 

cheers
Reg



Would like to thank anyone and everyone who contributes to the thread and run the community..


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## Joppa (Sep 7, 2009)

In certain circumstances, the non-EEA partner retains a right of residence in case of breakup of relationship. The general conditions are:


> 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 Section 7.1

As you have been married less than two years, if you or he initiates divorce proceedings before Nov 2014, you won't have retained right and have to leave the country.


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## reg47 (Oct 3, 2013)

Thanks Joppa, Great help.. much appreciated. will look at my options to leave.. cheers


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