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PERMANENT RESIDENCE FAMILY MEMBER OF AN EEA NATIONAL LIVING

Posted: Thu Nov 06, 2014 10:23 am
by omomo
I have Just join this forum and would like to ask some question.
I got married to EEA national (Portuguese) in 2009 and we got separated in 2011 but not divorce. When we got married, I applied for a residency card as a family member of an EEA national and the home office gave me 5 years. Now my permit is about to expire, my questions are the followings:
1- Can i still applied after my residency card expired?
2- Can I applied for permanent residence, on the basis that me and my husband are still married (though living separately) and he is happy to support my application.
3- Should I apply for retain right of residence; since, we are separated (but not divorce) since I can prove that we live together for more than a year during the duration of our marriage.
4- Whats the difference between the retain right of residence and permanent residence?
Thank you all for answers in advance.

Re: PERMANENT RESIDENCE FAMILY MEMBER OF AN EEA NATIONAL LIV

Posted: Thu Nov 06, 2014 10:40 am
by vinny
1. Yes.
2. Yes, provided you satisfy 15.
3. No, as 10 is not applicable, since you are not divorced and still considered as a family member.
4. Permanent Right of Residence (15) is better.

Re: PERMANENT RESIDENCE FAMILY MEMBER OF AN EEA NATIONAL LIV

Posted: Thu Nov 06, 2014 10:38 pm
by omomo
Thanks Vinny for your speedy reply. But if I am to apply for PR do I not need to prove that during the continuous period of the 5 years, that I was living with my husband? Thank you and I look forword to hearing from you.

Re: PERMANENT RESIDENCE FAMILY MEMBER OF AN EEA NATIONAL LIV

Posted: Fri Nov 07, 2014 2:36 am
by vinny
If it's clear that your marriage wasn't a marriage of convenience, then you should be okay.