ILR for non EU. Shell I divorce now?

Hi. Here it is my short story: I am non EU citizen, came in the UK in July 2006 with my wife (EU citizen). We have been working since august 2006 constantly. Have had family permit visa, Now i have residence card of family mamber of EEA national valid untill October 2012.
1)Is it a right route to ILR and naturalisation?

All the time since then we were working and I also studied in the University.
We spliting up now. So I will live on my own from July.
More then 3 yeas of marrage (1 of them in the UK) will hopefully give me the right to stay in the UK even after divorce.
2)Am I right?

I will apply for ILR in JUly 2011.

There are few more questions left:

3) What documents should I provide to HO when applying for ILR?
4) Also should I divorce or it will be easier for me to move out , lets say to London, live separate and divorce after ILR granted? Not sure wether the divorce is the right and easier way?
We both agreed to keep marriage, but live separetly. Not sure if it does have a sence and the right strategy tho. I have nothing against divorce and do not want to do nothing illegal. I just not sure wether the law will be changed and I dont want to stay on the bad side of the law.
Any advise?
Please help
Thank you

EEA route to permanent residence is called PR( permanent residence) but not ILR.ILR is the route under UK law, though in principle they are the same in practice but different route and laws. Your route is PR . You should be able to provide to HO all documents during the time you were staying together as couple and more importantly from the time of divorce proceedings to the time of decree absolute.

troubled wrote:EEA route to permanent residence is called PR( permanent residence) but not ILR.ILR is the route under UK law, though in principle they are the same in practice but different route and laws. Your route is PR . You should be able to provide to HO all documents during the time you were staying together as couple and more importantly from the time of divorce proceedings to the time of decree absolute.

HI. Thanks for reply. Could you please make clear which documents should be provided?
Also what kind of documents should be provided since beginning of divorce procedure to the time of decree absolute?
Also could we live separate after (or even before) applying for divorce?

Thank you

This topic has been discussed quite a few times if you do a good search. The short version is this

A. your current situation is a grey area as long as you do not reconcile with your wife or divorce. These are your only options.

1;Reconcile and everything is ok and can apply for PR when you qualify.

If you do get divorced you qualify if your marrige lasted 3 years and 1 yr of that was in the uk.

3.you will need to apply for retention of your rights before you can apply for PR I think.

4. You need for your ex to provide you with proof that she was workig or excersising her treaty rights up to the point the divorce is made absolute.

6. If you choose to wait until you reach the point of PR to inform BIA you are divorced, you will need to submitt with your application proof of your ex excersising treaty rights.

Mary1 wrote:This topic has been discussed quite a few times if you do a good search. The short version is this

A. your current situation is a grey area as long as you do not reconcile with your wife or divorce. These are your only options.

1;Reconcile and everything is ok and can apply for PR when you qualify.

If you do get divorced you qualify if your marrige lasted 3 years and 1 yr of that was in the uk.

3.you will need to apply for retention of your rights before you can apply for PR I think.

4. You need for your ex to provide you with proof that she was workig or excersising her treaty rights up to the point the divorce is made absolute.

6. If you choose to wait until you reach the point of PR to inform BIA you are divorced, you will need to submitt with your application proof of your ex excersising treaty rights.

Thank you very much for advice. But could you please tell what exactly documents would be nesessary to apply for ILR od PR??

And also what did you mean exactly by saying ''apply for retention od your rights''?
Thank you