1. Dear *****my, until such times as you get a final divorce decree ending the marriage between you and your wife, your wife's visa as the spouse of an EU national will continue in full force and effect. So, until the actual divorce has gone through, your wife will have the right to live and work in the UK. It is not sufficient to end her visa that you may be having difficulties in your marriage or that you may be living apart. The actual marriage must be ended by a divorce decree. Merely applying for a divorce is not sufficient. The divorce must be made final so that you are no longer man and wife. Once the marriage is ended, then she will be given 30 days within which to leave the UK as her visa will then be ended.
2. Please Rate the answer as unless you Rate the answer your expert will receive no payment for answering your question.
3. She cannot apply for a free-standing visa to stay in the UK unless she has some other grounds, other than being married to an EEA national, upon which she can apply. There is no such thing as an Iranian national getting a UK visa UNLESS they fall within some other category for which visas can be given. There is no such thing as a free standing visa whereby someone who is married to an EEA national can apply for their own separate visa independent of the EEA national. She would need a job offer, for example to fall within the categories of visas for which employed persons get residency in the UK.
4. What do you mean by a "return right of residency"? I have never heard of such a thing. Secondly, just because you are working in the UK, this does not enable her to stay in the UK. She must have a job in one of the specified categories for which visas are required and earn a minimum amount of money. For General jobs, this is over £150,000 per annum.
5. As your wife has only been two years in the UK, she will not get a right of residency on her own.
6. Your wife will only have to leave if you force a divorce through the courts to a conclusion before she has been living in the Uk for 5 years, at which point she can apply for Indefinite Leave to Remain and thereafter have a separate independent right to live and work in the UK. Alternatively, she can divorce you and marry this driving instructor and get a visa based on his situation. However, those are the options. She only has to leave if you force the issue.