EEA Separation / Renewal

[xtrm83]

Morning all,

Just wondering what would be the best course of action to do this:

- I am a EU Citizen who has been living in the UK for the past 7 years.
- In 2011 I married my non EU partner and she was granted with a EEA visa for 5 years
- On the same year we had a beatiful baby boy who is now 5. He has an Italian Passport.
- A couple of years ago our relationship started to struggle to the point that we separated and we have tried to fix our relationship a couple of times without any results.
- This year, by October, she must renew her VISA as it will expire by the end of next month.
- We haver reported to the Home Office any past separations, as there was one for more than 7 - 8 months.
- We are both still living in the UK
- Next year she will complete 10 continue years of legal residence as by the time I met her, she first was an english student and then a full time student who completed a Master Degree, granted with a further 2 years of residence to find a job.

Question:
- As she is going to be the one looking after our little boy for majority of the days, what is the best thing to do?

She has a permanent job here in the UK and my boy is on 1st year already. Ive always exercised Treaty Rights in the UK.

Edit *Forgot a couple of things*
- We are getting divorced after the application
- Can our child retain her right of residence because of his EU Passport?


Please help?

Kind regards,

[noajthan]

If spouse has a RC that is not a 'visa'; its optional although advisable to have.

Under EU law its not mandatory to cohabit even if married.
As you are still married its likely you have both acquired the holy grail of PR and should apply for confirmation asap.
Then wife will be settled in UK;
no need for either of you to exercise treaty rights.

As soon as one parent acquires PR status your child is entitled to register as British then apply for a passport (assuming born in UK).