Retention of Rights help needed

[Catriona]

I need some help from you guys. I have been searching the forum for an answer but could not find one.

I have been married to an EEA national (he been living here more than 5 year) for 2 years now. And I have a RC valid till 2017. Now our marriage is falling apart. And separation is not far away.

I would like to find out some details about Retention of rights. I do know that we need to me married minimum of 3 years, to live together 1 year in the UK. In order to secure ROR EEA national need to be exercting Traety rights during divorce. Now a part i do not know.

If we separate now and start divorce procedure in 1 year time, I cannot be sure he will be working during the divorce procedures. But if he applies NOW for the permanent recidence card ( using EEa3 application), will that be enought proof on its own that he exerting Treaty rights here during the divorce procedures? Or I will still need to get papers from him confirming his employment?

Also if he leaves the UK,what will happento his permament recidence card? Will HO know that he has left the UK?

I won't need his passort for ROR as HO has already seen it, is it correct? And which form do I need to use to apply for ROR.

Thank you.

[Jambo]

If your partner has been exercising treaty rights for 5 continuous years (for example by employment), then he has obtained PR and is not required to exercise treaty rights before the divorce for you to qualify for RoR. Either a PR Card (following EEA3) or evidence of 5 years is enough.

If he leaves the UK, that could complicate things.

The form to use is EEA2 (the same one used for RC, just different sections of it).