Impact of Separation from EEA Partner on Tier 2

[barthes111]

Hi all

Thank you in advance for reading this.

My nationality is Malaysian and I have living in the UK under EEA family permit, which expires on 10th December 2018.

We have been living separately for more than 4 years but we did not have any divorce proceedings. I have explained my circumstances to my employer and although they are willing to sponsor my Tier 2 visa, they have concerns about the validity of my current visa (EEA family permit).

They argue that I should have told the Home Office when we separated and they questioned my ability to prove that the relationship was sustained throughout the whole 5 years and the repercussions on the business if their recruitment was audited.

How will this affect my Tier 2 application?

Many thanks,
distraught stranger

[CR001]

Your rights remain in tact until the final divorce decree OR when you apply for PR after 5 years residence, provided your EU spouse is still exercising treaty rights. Your card expiring does not take away your rights.

There is also no requirement to inform HO that you are separated if you are on the EEA route, it is only required when you divorce as then your automatic rights cease to exist but can still apply for Retain Rights of Residence.

[barthes111]

Thank you CR001, much appreciated.

Yes my EU spouse is still working now in the UK.

I lost the tenancy agreement for the period when we were living together the first few months, which is why I am not applying for PR. Also, as I understand that we have to live together for at least a year. Is that right?

When my EEA permit expires on 10th December 2018, does that mean I have to leave the UK immediately?

Many thanks again.

[CR001]

You can use more than just a tenancy agreement etc.

How long did you live with your spouse?

As I said no need to leave the UK but a RC is useful for employment etc.