NON EEA PR ON GROUNDS OF SEPARATION

[bebe2]

I AM A NON EEA MARRIED TO AN EEA NATIONAL ,MY FIVE YEARS VISA EXPIRES IN NOV AND I WILL NEED TO APPLY FOR PR.MY HUSBAND AND I FELL OUT IN APRIL AND HE LEFT HOME. MY QUESTION IS -

CAN I GET MY PR WITHOUT A DIVORCE AS I DONOT WANT TO INITIATE IT AS I HOPE HE WILL COME BACK TO ME. AND EVEN IF I DID IT WILL NOT COME THROUGH BEFORE NOVEMBER.

DO I NEED TO INFORM THE HOME OFFICE ABOUT THE SEPARATION?

[thsths]

CAN I GET MY PR WITHOUT A DIVORCE

There is no need to use all capitals. You can easily get PR with a divorce if your husband cooperates. It is not necessary that you are living together, as long as you are married, and he is still working in the UK.

If he does not cooperate, things are difficult anyway, and I would recommend to at least start divorce proceedings. The legal situation is not very clear, and you may have to fight for your rights.

Tom

[bebe2]

i have read the eea regulation 2006 , and from what i understood from paragraph 10 (5) (d) (1) i may qualify without getting a divorce. pls help.

[thsths]

i have read the eea regulation 2006 , and from what i understood from paragraph 10 (5) (d) (1) i may qualify without getting a divorce. pls help.

The condition 10 (5) (d) (1) is not the issue here, but you also have to satisfy 10 (5) (a). So as long as you are married, your cases are linked.

Tom

[bebe2]

thanks for your prompt reply, do have an idea of how long it takes to get a divorce , i dont know if they would consider it without a decree nissi.