EEA4 application - separation pending

[cebs]

I would appreciate your advice on this topic EEA4 application - as my personal circumstances may change after December 2012

Here are the details

My husband is a German citizen exercising his european rights to work and lived in the UK since 2007 and he is still living here in UK currently.

We married and I moved to the UK August 12 2008, I received my acceptance to my EEA2 application on April 23 2009 with it being valid until April 23 2014. I have worked in London from January 2009 and continue to be employed with the same company.

I would like to apply for my EEA4 after August 2013 next year but we may separate and divorce prior to this date. He may also wish to leave the UK and reside in Germany at somepoint this year December 2012 onwards.

My question is can I still apply for EEA4 and will my application be accepted based on the information I have detailed. As you might imagine I am concerned about the feasibility of my life here and want to assure I follow the best steps forward.

Many thanks if you can provide guidance

Crissy

[jotter]

I would appreciate your advice on this topic EEA4 application - as my personal circumstances may change after December 2012

Here are the details

My husband is a German citizen exercising his european rights to work and lived in the UK since 2007 and he is still living here in UK currently.

We married and I moved to the UK August 12 2008, I received my acceptance to my EEA2 application on April 23 2009 with it being valid until April 23 2014. I have worked in London from January 2009 and continue to be employed with the same company.

I would like to apply for my EEA4 after August 2013 next year but we may separate and divorce prior to this date. He may also wish to leave the UK and reside in Germany at somepoint this year December 2012 onwards.

My question is can I still apply for EEA4 and will my application be accepted based on the information I have detailed. As you might imagine I am concerned about the feasibility of my life here and want to assure I follow the best steps forward.

Many thanks if you can provide guidance

Crissy

Hi Crissy,
Yes, you can apply at the time you mentioned and yes under current guidelines your application would be accepted if you provide the required evidence. You would be applying under Retained Right of Residence where your partner has left the UK.

I recommend you to have a thorough read of the EEA4 form and guidelines available on the UKBA website. The main thing you'll need to make sure of is that you'll need to retain evidence of his exercising treaty rights up until the date when he leaves or you divorce. From that point on it is sufficient to provide evidence of exercising treaty rights yourself for the remainder of the 5 year qualifying period.

Once you've had a read through that, if you have any further questions, please re-post.