Thank-you for your question. You are being asked these questions by the Immigration Officers because your right to remain in the United Kingdom currently depends on your wife being a 'qualified person' for the purposes of the Immigration (EEA) Regulations 2006. This means that she must be an EU national who is working, job-seeking or studying in the UK.
If you divorce your wife then when you apply to renew your Residence Card or obtain a Permanent Residence Card you will need to argue that you are a family member with what is called a 'retained right of residence' following the divorce. The law on this area is complex and you should seek professional legal advice. However, in essence you will have to show, through evidence, that at the date of divorce your wife was exercising treaty rights in the UK as a worker, job-seeker or student, the marriage had lasted 3 years, you lived together for at least 1 year and your are working, job-seeking or studying. If you have evidence to meet these criteria then you should be able to demonstrate that you are a non-EEA national family member with a retained right of residence in the UK. You will then be allowed to remain in the UK despite your divorce.
I hope this answers your question. Please kindly click ACCEPT so that I may be rewarded for my time. Thank-you.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).