retention of residence

[akk]

Hi,
i am non - eea national married to eea national in jan 2011 in scotland, been together for 4 years prior to marriage. things were not good between us for past few months and we decided to separate in december 2012. wife wants to get me to sign a consent to divorce so that she can divorce me after one year of separation. Am I right to think that SEparation doesnt effect on the residence status as far as EEA national exercises treaty in UK during the separation period? if so my question being that since i will be married for 1.11 years and separated for 13-14 months, will i be able to apply for rentention of residence since marriage lasted for more than 3 years? wife is willing to delay the divorce proceedings until we complete 3 years of marriage and she will be working in uk during separation and after divorce and ready to provide relevant documents to prove that she was exercising treaty in uk.
i am worried that as my situation is on cutting edge (exactly 3 years) of eea rules of retention of residence, do you think they will refuse my application thinking it is a scam?

[ravii]

• the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution,So three years plus divorce proceedings initiation after 3 years...

[akk]

hi ravii ,
does that means that i am not eligile to apply for RoR.... does separation means intiation of divorce?

[ravii]

No,if your wife filled a petition which is called D8,and you received a petition notice from court then you can say that it is a legal proceedings against your relation,but some times if any partner contact to court in form of simple Camplaint and after hearing if court give a directions to any party,i.g,do not contact in next 12 months/leave the house etc etc,then this is not a initiation of divorce proceedings,but I am not sure in the presence of such court directions how ukba translate it.wait for other gurus relpy.