Immigrationboards.com

hi everybody,

i am new to this site, and i needed some help. myself and my husband were married in september 2007 in india. we moved to russia to work and he moved to Uk in august 2010. i joined him in feb 2011. he has an EU passport so i got a 6 months visa to join spouse , i joined him in feb 2011 and got a EU spouse visa from homeoffice in june 2011 valid till 2016. sadly my husband has been cheating/gamling etc etc so i moved out of the house in febrarury 2012. now we are seperated. we live seperartely . i do not know what should i do now? i have a good job and want to continue living in the UK . so should i divorce him and apply for EU retain right of residence visa or is there any other way to continue living,. i plan to divorce him as i want nothing to do with him.. but have just recently heard that if i have EU spouse visa for 2 years i can get ILR, but does the couple have to live together during that time? cause than i will not fulfill the requirement. if any of you do not have any advise coul dyou help me with some immigration lawyers? thanks a lot.. i really need correct advice.

needhelp83 wrote:but have just recently heard that if i have EU spouse visa for 2 years i can get ILR

Not sure where you heard this from but it's not true. 2 years apply to British spouse visa not EU.

As long as you are married your status is not affected. It doesn't matter you are separated. If you get divorced, then you need to be married for at least 3 years and live at least 1 year in the UK to retain your rights. So it seems you will meet that. Is your husband exercising treaty rights in the UK? It suggest that if you do get divorced, you obtain proof of his treaty rights as part of the divorce negotiations.

I don't think you will need an immigration lawyer at this point but maybe you should consider consulting with a family lawyer.

Your status will depend on what your husband is doing in the UK. Is he working?