EEA national leaving uk, me currently on eea2.Advice please

[londonman]

Hi, this is no immigration history. I need some advice please.

-Came to the uk on FP on 2011
-EEA2 issued on March 2018

I'm currently married with my wife but now my wife wants to leave the uk for 6 months but it could be permanently as is not 100% sure. And also she has had some short gaps not working during all this time I've been here so I'm scared about that.

I don't know what to do know. Is it better to get divorced and applied for another visa retaining my rights? Or wait for her?

I've been to one adviser and she told me that is impossible to do anything as it hasn't been 3 years already since I got my eea2 but as far as I've been reading here and on the UKBA site my clock starts since I came to the UK on FP.

Any advice?

Thanks

[Obie]

When did you and your wife married, and how long have you been in the UK.

I believe your adviser is not correct.

[londonman]

I got married on feb 2011
I've been in the uk since September 2011 coming with FP but they gave me my EEA2 until march 2013. Also the adviser told me that I could apply for eea4 that's why I'm concerning she's wrong.

[Obie]

You may be entitled to retain your residence in the event of a divorce.

Yes she is wrong, you cannot acquire PR now.

Then again, i am not surprised, many lawyers in the UK are not vast in EU law.

[londonman]

Yes, I've been reading a lot if info so you are right.

By the way, she wants to leave as soon as possible but I understand that the divorce takes about 3-4 months.

Does she have to be working during that time? (I've been working all the time since I arrived).

An also I'm scared about the gaps she was not working during all these 3 years. As I've been told I need to send at least 6 pay slips per year with the application.

Would it affect the application?

Regards

[rosebead]

You have been married more than three years and you have both lived in the UK for at least one of those years so you are eligible for a retained right of residence BUT only if she continues to work throughout the divorce proceedings from beginning to end. You need to be able to prove all of those things. Can she not just stay on a bit longer until the divorce?