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Hi im a eea family member married nearly 4 yrs this nov. He is french. My husband is leaving me at the end of this month, I love him very much but he said he doesnt feel the same wsy anymore. My question is what is my right? Can I stsy in the uk? We are only separating not getting divorce yet. We will still remain friends as his family is close to me and him as well.
I arrived in uk on student visa 2008 love struck we got married nov.2010, I got my residence card april 2011 and it will expire on april 2016.
We are both working. We live in a shared house all bills included so I cant provide any utility bills aside from his car insurance, mobile phone and the rent. He will stay in the uk , we will be living different houses.

You can retain your right. Read:option # 7

Ok thank you, what dòcuments I need to submit to Ho, do I have to inform Ho that we separate. And also do I have to provide documents that we lived together for 4 yrs in one roof. Like payslip, P60, Bank statement.

sheraz7 wrote:You can retain your right. Read:option # 7

You can't retain your residence right unless divorced.

However, there is no need to apply to retain rights as nothing has changed if separated. Until you are divorced, you are still married (even if separated) and considered family member.

Just apply for PR when you complete 5 years of residence using your wife's treaty rights evidence. There is no requirement to show that you lived under one roof. Just that you lived in the UK.

Thank you I really appreciate your reply, so il just wait until I apply for my pr, yes hes staying in uk only 1 hour drive away from me., and we promised to keep in touch. Thank you very much

Jambo wrote:

sheraz7 wrote:You can retain your right. Read:option # 7

You can't retain your residence right unless divorced.

However, there is no need to apply to retain rights as nothing has changed if separated. Until you are divorced, you are still married (even if separated) and considered family member.

Just apply for PR when you complete 5 years of residence using your wife's treaty rights evidence. There is no requirement to show that you lived under one roof. Just that you lived in the UK.

Did you click on the link and read it, ror of course possible on divorce and an informal separation does not ceases the relation between the married EU and non-eu partners. But the question here is that whether the EU national will provide its treaty rights evidences for next one year and its passport/ID even living separately. On the other hand if the partners are now separating but non-eu national has still access to treaty rights then maybe retaining right will work otherwise if the EU national is supportive then next year an application for pr eea4 can be sent.

sheraz7 wrote:On the other hand if the partners are now separating but non-eu national has still access to treaty rights then maybe retaining right will work

You can't retain rights if still married. Separation doesn't terminate the marriage. It might be difficult for the applicant to prove treaty rights if separated but he is still considered family member and relies on the EEA national for his status.

sheraz7 wrote:On the other hand if the partners are now separating but non-eu national has still access to treaty rights then maybe retaining right will work

You can't retain rights if still married. Separation doesn't terminate the marriage. It might be difficult for the applicant to prove treaty rights if separated but he is still considered family member and relies on the EEA national for his status.[/quote]/chapter2.pdf]option # 7[/url][/quote]
You can't retain your residence right unless divorced.

However, there is no need to apply to retain rights as nothing has changed if separated. Until you are divorced, you are still married (even if separated) and considered family member.

Just apply for PR when you complete 5 years of residence using your wife's treaty rights evidence. There is no requirement to show that you lived under one roof. Just that you lived in the UK.[/quote]

Did you click on the link and read it, ror of course possible on divorce and an informal separation does not ceases the relation between the married EU and non-eu partners. But the question here is that whether the EU national will provide its treaty rights evidences for next one year and its passport/ID even living separately. On the other hand if the partners are now separating but non-eu national has still access to treaty rights then maybe retaining right will work otherwise if the EU national is supportive then next year an application for pr eea4 can be sent.[/quote]

Jambo wrote:

sheraz7 wrote:On the other hand if the partners are now separating but non-eu national has still access to treaty rights then maybe retaining right will work

You can't retain rights if still married. Separation doesn't terminate the marriage. It might be difficult for the applicant to prove treaty rights if separated but he is still considered family member and relies on the EEA national for his status.

Repeatedly, an informal separation does not break relationship between married EU and non-eu partners (the same you again repeating in your own words). In such circumstances, the only question here that whether the EU national partner will assist on separation, if not then ror maybe the most suitable option on divorce.

Thanks to both of you, but iam really confused now. I dont know if I will apply for ror or wait until next yr. Me and my husband is separating in good terms,, we dont want to file a divorce we just want to live separately, but we dont know in one yr he would changed his mind. So im hanging

You can't apply for ror as separated. Only once you are divorced which you don't want to do now. As separated you don't need to do anything but it would be wise to keep evidence of your partner treaty rights in case the relationship won't be so good in future.

Ok thank you, I just hope he will keep his promise that when I need him he will be there, and he wont thrown the 4 yrs of being together. Even as a friend

I am inclined to agree with Jambo's advice.

A person can only retain rights of residence in certain circumstance such as 1. If the EEA national and the Non-EEA national divorce. 2. If the EEA national dies 3. If the EEA national cease from residing in the UK, and there is a child of the couple who is still in school.

If you are still married and he is prepared to stay in the UK, then you continue to have rights under community law.

But if he decides to leave before you secure PR or has acquired a 5 years of residence in the UK with him, then you will be in serious trouble.

Hello, so what is the best thing to do here, shall I divorce him so I can apply for ror. Or wait until I apply for pr, im just worried one year is long and anything can happen.

You probably have a point.

How long has this chap been residing in the UK.

He came to uk 2007, I came on student visa 2008, we got married nov.2010. I got my residence card april 2011 and it will expire on spril 2016.

You should be alright, even if he left. Provided you are in possession of his past employment history from 2007.

Ok thank you very much for your reply,

You may want to try to convince him to apply for PR now (for himself). Would make it easier for you next year.

Sorry I dont understand, I can apply for PR next yr, even if I havent finish the 5 yr residents of my residence card. I got married nov. 2010, next yr 2015 that will be the 5 yrs, I can apply before that? Sorry my questions is a bit daft.

As a family member of EEA national you obtain PR based on:
1. EEA national exercise treaty rights for 5 years.
2. You reside in the UK for 5 years.

The dates of your card are irrelevant.

If your partner has been in the UK since 2007 (and exercised treaty rights for 5 years), he has obtained PR already and can apply for a confirmation of it using form EEA3. You can apply for PR confirmation once you complete 5 years of residence as a family member (i.e. from marriage).

I dont think he will apply for that confirmation, as for me, when can I apply pr is it when the date I got married thay was nov.2010, and nxt yr nov.2015 that will be 5 yrs. Or is it the date when I got my residence card that was april 2011, it will be 5 yrs april 2016. Sorry I got so msny questions I just want yo know what id the right thing to do before its too late,

Assuming you were living in the UK when you got married (or shortly after), then November 2015. The RC dates are irrelevant.

You will need your partner's documents as evidence to support your application.

Ok thank you, but definitely I can apply for pr next year nov.2015 as long as I got supporting documents from my husband. Nov. 2015 that will be 5 years ofmy residence. Is that correct...

You could seek for a divorce aswell , as relationships can be dynamic. You may be in speaking terms today, but no guarantee you will be in a year time.

Obie your right, can I file for divorce. Even its my husband wants to leave me.