married to eea citizen

[mannie]

I am a spouse to an EEA citizen, married for over 1 year. We have been living together since January 2005 and we had a baby in 2006. I have been issued 5 yrs residence permit this year in the month of April.

I would like to know if I will be issued indefinite leave after the 5 years. Alhtough, at present we are separated

[Wanderer]

I am a spouse to an EEA citizen, married for over 1 year. We have been living together since January 2005 and we had a baby in 2006. I have been issued 5 yrs residence permit this year in the month of April.

I would like to know if I will be issued indefinite leave after the 5 years. Alhtough, at present we are separated

If u r not together I can't see how u will get PR.

[John]

There is provision in the EU regulations that came into force on 30.04.06 for you to be able to continue to have the right to live in the UK, whilst you have your 5-year Residence Card, and after that if two conditions are met :-

• the two of your have lived together as a married couple for at least one year, and
• the marriage subsisted for at least 3 years before one of you issued a divorce petition

However, all is not lost, if the second of those conditions is not met. Under a different heading, because you have a child, if you need to live in the UK to be with your child, then it might be possible to get PR on that basis.

[vinny]

I am married to an eea citizen over 1 year but we have been leaving together since 2005. I have 5 years residence permit. We had a baby born in England but she's got a german passport due to her father's nationality.

If the marriage do not last 3 years living together within the 5yrs, can I still be able to apply for the indefinite leave to remain.

If no, what right do I have being a mother to a child born in UK but claimed german citizen.

Please don't start new topics if it's a continuation.