Retention right for non EEA family member

[jjoell23]

Guys could you please advise if I have the right to retain my NON EEA Visa expires in
Jan 2015?
Brief history about us,
I am Pakistani national my wife Lithuania national
Married since April 2007, we living together in uk since March 2009.
I had applied in April 2009 on economically self-sufficient category. After about 8 months I had visa valid for Jan 2015.
I have been working fulltime since May 2008 (I was on working holiday visa before).
I have her European health insurance card expired in March 2012. This card is from Sweden. Because we were in Sweden before.
She has left uk since Jan 2012 and not coming back any more. So we are separated since Jan 2012. I am still working as a fulltime.
Would I be able to retain my visa ? as we have been living in uk for over 1 year together and our relation is over 3 years.
If yes please advise which documents i would need. I am more worried about European health insurance.
All your help would be much appreciated.

[Obie]

On the basis of the information you have provided, it is unlikely you fall into any of the retention category in Regulation 10.

You partner does not seem to have been living with you for 5 years in the UK in accordance with the EEA Regulations.

[jjoell23]

Thanks for reply Obie,
No she has been living with me from April 2009 to January 2012. . I believe if non EEA has been living 1 year together and relation for 3 years i can apply for retention right. Please correct me if i am wrong?

[ravii]

As for as I understand your situation you are still not divorced.this rule applies when you divorced after 3 years..

[jjoell23]

So In my situation do I have to have divorce? Is there any otherway e.g sepration etc to qualify for this category?
What I have to do in the meantime until I get the divorce. It might take years......

thanks again

[Obie]

Thanks for reply Obie,
No she has been living with me from April 2009 to January 2012. . I believe if non EEA has been living 1 year together and relation for 3 years i can apply for retention right. Please correct me if i am wrong?

I think you may be wrong. The last poster seems correct on his analysis.

You have to have been married for 3 years, including at least one year spent in the UK.

Also you need to demonstrate that up to the time before the divorce was finalised your spouse was a qualified.

As i stated before, it is pointless to meet the first condition withot the second.

It is a bit of an all or nothing situation.

[ravii]

If the EEA national leaves the UK,then non eea national has no right to stay in uk,but Non EEA national may stay in the UK if he/she is a student or as a career of eea national child,so non eea national can stay until the non eea national finish their studies or until he/she is a career of eea national child.please correct me if I am wrong.

[jjoell23]

Once again thanks guys for your useful feedback....

I have spoken with my wife and she is willing to come back to UK and agreed to register divorce case over here.

Would this help or is it too late?