Retained rights and PR after EEA 2
Posted: Mon Aug 05, 2019 11:21 am
Hello, my EEA spouse and I have been living together in the UK as a married couple for 2y 5m (Spouse has been here over 5 years and has settled status, I am pre settled). We have decided to separate amicably. We have no plans to divorce any time soon as this isn't important to us. Thinking forward - what would it be easiest for me to keep my immigration status? These are the options as far as I can tell.
1. Sometime after 3 years married, we divorce and I apply for my rights to be retained. Then, after 5 years in the UK under eea route - I can apply for PR? Is that correct?
2. We don't divorce anytime before 5 years under EEA route, after which time I can apply for PR. Would it be stupid to stay married and apply for PR as a separated couple? I know under EEA law marriage is marriage, though I'm not sure what proof of relationship I'd need to supply, and obviously I don't want to lie to HO and pretend we are still together when we are not.
Any other ideas? Obviously I'm a bit anxious until we reach that 3 year mark when I can have my rights retained - but until then I am fine to be here as long as we're still married, correct?
Many thanks for any advice.
1. Sometime after 3 years married, we divorce and I apply for my rights to be retained. Then, after 5 years in the UK under eea route - I can apply for PR? Is that correct?
2. We don't divorce anytime before 5 years under EEA route, after which time I can apply for PR. Would it be stupid to stay married and apply for PR as a separated couple? I know under EEA law marriage is marriage, though I'm not sure what proof of relationship I'd need to supply, and obviously I don't want to lie to HO and pretend we are still together when we are not.
Any other ideas? Obviously I'm a bit anxious until we reach that 3 year mark when I can have my rights retained - but until then I am fine to be here as long as we're still married, correct?
Many thanks for any advice.