EEA RC expired but still separated from EEA family

[askmeplz82]

Guys I have a question

I am still family member of an EEA national
it's been nearly 6 years we are married

my RC now expired and my EEA family member
won't divorce me. she is keep telling me she will soon
we are already separated and not living together for long time

now I am thinking I can't wait for her to start divorce proceeding and I should apply . what are my right in the UK

I won't be able to apply for PR because I will never get the 5 years exercise treaty right from her so my only hope is retained right of residence . already 11 years 4 months in the UK legally

[maxmelion]

Well u should apply for a divorce for 2 reasons
1- u cant apply for 10 years legally bcos 5 years of thos 10 yeaers u r under europ route so u still need to prove tht ur eea spouse excersise treaty right thos 5 years .so if u got thise 5 years so better for u apply permnant resident throught europ than apply 10 years route so provr 10 years
2-divorcing u will apply only her decuments from period dicree nisi to absliute so only 6 wesks treatty right.

big mistake pple who seprate think they easy get pr if they still marry for 5 years but new application it made for tht reason so u will have now to explaine to ho everything nd if the sepration for long time nd then u fancy apply for pr the ukba are not stupid they realize tht something abit dodgy nd might ask for interview or even visit u n home
im divorced from eea nd i get dicri absliute one month before i get british citezen as my wife was british but i had advice from great obie to get divorce nd be in safe side nd he was absliulty right nd im happy im listen to him . Be safe side better than look into dark future .
big mistake if u live separated frm ur ex for long time nd u think u might grant for bc or pr
i have seeked pay assist from ppl from this website nd i m happy happy with it . Go for divorce nd be seciure with ror 5 years first then play with pr nd bc in future as u r already seviure with new rc witbout ur ex .

[UKBA HUNTER]

Guys I have a question

I am still family member of an EEA national
it's been nearly 6 years we are married

my RC now expired and my EEA family member
won't divorce me. she is keep telling me she will soon
we are already separated and not living together for long time

now I am thinking I can't wait for her to start divorce proceeding and I should apply . what are my right in the UK

I won't be able to apply for PR because I will never get the 5 years exercise treaty right from her so my only hope is retained right of residence . already 11 years 4 months in the UK legally

Askmeplz
1st of all try to get treaty rights evidences as much as possible from her and before divorce always careful as is it right time. But if divorce is right option then you start and become petitioner and get the full control. Because many EU national if start divorce then always add the reason of marriage of convenience which now ukba ask in many forms. I read your story many time and so sorry and that why I will suggest that you start and get full control if it is appropriate.

[askmeplz82]

so funny it's the EU national don't want to divorce me
she is not getting any benefit from me

thank guys I will ask her to meet me face to face and then
explain to her everything . only reason I am
worried is her exercising treaty right

we do have health insurance since 2013 ( started when she was job seeker ) and joint bank account with enough savings but I
am not sure how home office will see it because we are appeared .

should I wait till she find a job or register as job seeker again

[UKBA HUNTER]

Living/dealing EU national is now become a specialised area of work and relevant skills need. I will suggest not to divorce her or let her divorce you unless your status sort out. In EU route they will strictly check treaty rights and always take insects out of that. But I think the best bet of your life you may make is apply ILR on 10 years basis with the maximum treaty rights evidences you had/have and are accessible to you because that application governed by UK immigration act 1971 instead EU directive 2004 and by this way you may miraculously escape and go through but it will entirely depends on your luck/miracle/spiritual power etc. This may be a best bet which may go through. Preferably don't divorce her or let her divorce unless you sort your status.

[Obie]

Guys I have a question

I am still family member of an EEA national
it's been nearly 6 years we are married

my RC now expired and my EEA family member
won't divorce me. she is keep telling me she will soon
we are already separated and not living together for long time

now I am thinking I can't wait for her to start divorce proceeding and I should apply . what are my right in the UK

I won't be able to apply for PR because I will never get the 5 years exercise treaty right from her so my only hope is retained right of residence . already 11 years 4 months in the UK legally

IS she a qualified person at present?

After what happened at the airport with you, you should try and ensure you secure your position fully.

If indeed you have been here for 11 Year, It may well be the case, that you have a strong case for ILR under the Long Residency, depending on the Circumstance of your case.