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Hi, I am confused what to do I will really appreciate any advice here is my grounds:

I am non EEA family member and My wife is EEA National we start live together form Jan 2010 and get married in Nov 2010 then I have been given EEA Residence Card (for 5 years) in July 2011 which will expire in July 2016

Its been 5 years to our marriage BUT from September 2015 we are separated and she is now living somewhere els (still in same town), Things between us are not that serious at this stage to do divorce so we decide to give each other time.

Question is am I eligible for PR even my wife is separated after 4 years and 10 moths living together ?
We are still in marriage and she is happy to give me her ID and employment documents like (SA302)
Or do i need to go through court and inform that we are separated

faizfdisk wrote:Hi, I am confused what to do I will really appreciate any advice here is my grounds:

I am non EEA family member and My wife is EEA National we start live together form Jan 2010 and get married in Nov 2010 then I have been given EEA Residence Card (for 5 years) in July 2011 which will expire in July 2016

Its been 5 years to our marriage BUT from September 2015 we are separated and she is now living somewhere els (still in same town), Things between us are not that serious at this stage to do divorce so we decide to give each other time.

Question is am I eligible for PR even my wife is separated after 4 years and 10 moths living together ?
We are still in marriage and she is happy to give me her ID and employment documents like (SA302)
Or do i need to go through court and inform that we are separated

My understanding is until legally divorced you are considered to be legally married, for purposes of EU regulations, (even if 'separated').

So, if you meet all other requirements (& can submit adequate documentary supporting evidence), you should be able to shoot for confirmation of your PR very soon.
I.e. as soon as you have 5 years of residency (In UK) under your belt - as the dependent family member of an EEA national who is exercising treaty rights (& has been doing so continuously for 5 years).

Good luck.

Thank you really appreciate