PERMANENT RESIDENCE FAMILY MEMBER OF AN EEA NATIONAL LIVING

[omomo]

I have Just join this forum and would like to ask some question.
I got married to EEA national (Portuguese) in 2009 and we got separated in 2011 but not divorce. When we got married, I applied for a residency card as a family member of an EEA national and the home office gave me 5 years. Now my permit is about to expire, my questions are the followings:
1- Can i still applied after my residency card expired?
2- Can I applied for permanent residence, on the basis that me and my husband are still married (though living separately) and he is happy to support my application.
3- Should I apply for retain right of residence; since, we are separated (but not divorce) since I can prove that we live together for more than a year during the duration of our marriage.
4- Whats the difference between the retain right of residence and permanent residence?
Thank you all for answers in advance.

[vinny]

1. Yes.
2. Yes, provided you satisfy 15.
3. No, as 10 is not applicable, since you are not divorced and still considered as a family member.
4. Permanent Right of Residence (15) is better.

[omomo]

Thanks Vinny for your speedy reply. But if I am to apply for PR do I not need to prove that during the continuous period of the 5 years, that I was living with my husband? Thank you and I look forword to hearing from you.

[vinny]

If it's clear that your marriage wasn't a marriage of convenience, then you should be okay.