EEA 2 Separated after 3 years of marriage, no divorce

hi guys,
i've read quite few things on the subject but here is my situation in brief:

married for 3.4 years, EEA2 RP expires in 2011
EEA person still in the uk and been working throughout the marriage
now separated, we started living in different homes


we dont really want to divorce just yet

i was under the impression that the home office would want to know if we separate, is that correct or do they only need to know if we get divorced?

i have read many people who were in the same situation mainly Morpho and Juicybits from this forum, but did any have difficulties with this?

any answer would be much appreciated

vegeta_2009 wrote:hi guys,
i've read quite few things on the subject but here is my situation in brief:

married for 3.4 years, EEA2 RP expires in 2011
EEA person still in the uk and been working throughout the marriage
now separated, we started living in different homes


we dont really want to divorce just yet

i was under the impression that the home office would want to know if we separate, is that correct or do they only need to know if we get divorced?

i have read many people who were in the same situation mainly Morpho and Juicybits from this forum, but did any have difficulties with this?

any answer would be much appreciated

You can only apply for retention of rights once you divorce. OR wait till end period of RC to apply for PR. Once again decree absolute will be required. Have a look at Obie's threads you will find very helpful information on them.

KESH, thank you for your reply i just read Obies post, but what if we get back together lets say 6 month down the line and then the 5 years are up, do i need to prove to them that we were living all those 5 years as i'd then have 6 month gap (when we would have been separated).
please advise

vegeta_2009 wrote:KESH, thank you for your reply i just read Obies post, but what if we get back together lets say 6 month down the line and then the 5 years are up, do i need to prove to them that we were living all those 5 years as i'd then have 6 month gap (when we would have been separated).
please advise

It only applies if your relationship has disolve and you want to apply for retention of rights. But if she gets back to you and you guys are back to normal life then you do not have to mention anything. They will ask for treaty right evidence. (i.e. employment proof for five years).

Correct. Under the rules, you only cease to be a family member once the Decree Absolute has been issued.

So if you husband, decides to support your claim, and stay in the UK for the duration of your 5 year and provide evidence at the end of that period, of exercising treaty rights, excellent.

The only downside is, should your husband find someone else and decides to leave the UK, you will be in a precarious situation.

You best bet is to apply for retention of right of resident, you can't have that except you have a child in education, or a Decree Absolute.

Obie wrote:Correct. Under the rules, you only cease to be a family member once the Decree Absolute has been issued.

So if you husband, decides to support your claim, and stay in the UK for the duration of your 5 year and provide evidence at the end of that period, of exercising treaty rights, excellent.

The only downside is, should your husband find someone else and decides to leave the UK, you will be in a precarious situation.

You best bet is to apply for retention of right of resident, you can't have that except you have a child in education, or a Decree Absolute.

Absolutely right Obie. Also even if you have Decree Absolute silly case worker might ask for evidence of treaty rights used by your ex until divorce was finalised. That is even hard bit.

I agree with you Kesh, that requirement is quite controversial, and frankly speaking illegal.

It appears that OP and partner are in amicable terms, therefore that requirement will not be difficult to meet, compared to other cases

Obie & Kesh thank you for clarifying that, i'll keep you update with my situation if that's ok. i was just worried that if we would separated for 6 months it will make the EE4 in 5 years harder, i understand now that all they need to know is that the EEA spouse was exercising her treaty rights throughout...

it does make sense because many marriages go through hardtimes/separation, can you immagine if you would have to tell them everytime there is a big argument and you decide to go away for a week to clear your head!

we had a miscarriage last year which probably messed with both our heads a little... maybe time will heal it and we get back together...dont know

hi guys
i read your post and as your spouse is in the UK .. what about me.. I am here and my wife is abroad for the last 1 year.. but we are separated. have been married for 3.5 years but she moved back after living together after marriage for 2.5 years

what is my situation can i still keep my residence or do i have to leave after my RC expires ??

thanks

cutepearl wrote:hi guys
i read your post and as your spouse is in the UK .. what about me.. I am here and my wife is abroad for the last 1 year.. but we are separated. have been married for 3.5 years but she moved back after living together after marriage for 2.5 years

what is my situation can i still keep my residence or do i have to leave after my RC expires ??

thanks

I would say wait until your RC expires as rules are changing every six months. But keep all the documents you had on both names on same addresses. Because HO can slap any one with their wrong polices. IT IS VERY IMPORTANT TO HAVE YOUR EX's TREATY RIGHT EVIDENCE. So bear it in mind.

cutepearl wrote:what is my situation can i still keep my residence or do i have to leave after my RC expires ??

Sorry, but I think your RC has become invalid when your wife left the country or at least no more than six month later than this event. You are still legally married but your wife on who you still depend is not exercising her treaty rights anymore. Your options would have been to either follow your wife or get divorced. Separation is not covered by EU law. You better get a lawyer involved to see if you can get this sorted out.