EEA & Non-EEA - Married but not living together

Hi there,

I am a non-EEA national from Canada and my husband is an EEA national from Latvia who has retained right of residence. Currently I hold an EEA2 residence card and we are approaching 5 years married and 5 years with the EEA2 which is about to expire. We would like to apply for our PR cards together and have both had consecutive employment for 5+ years in the UK. I am not sure if this is an issue, but we do not live together, we maintain separate residences in London. Is not living together an issue? Thank you so much

EU law does not require couples to live together, provided the EEA citizen is either exercising treaty rights or holds PR in an EEA member-state of which s/he is not a citizen AND their non-EEA citizen spouse resides in the same country as the EEA citizen.

Also see case law: Diatta.