Right to Remain - EEA National Spouse Separation

[Lou2]

I am an American spouse of an EEA National (Married 4 years) Now in Britain (3 years), but we are now separating and I would appreciate some advice. The spouse is very understanding and we can stay married if that is the easiest route but, I would love the security of knowing I am able to stay in the UK independently of her. Should I try for Right to Remain? Citizenship? Stay married and reapply for another 5 years of EEA family permit? I have tried navigating http://www.gov.uk but could use a little advice on this whole thing. Thanks.

[noajthan]

I am an American spouse of an EEA National (Married 4 years) Now in Britain (3 years), but we are now separating and I would appreciate some advice. The spouse is very understanding and we can stay married if that is the easiest route but, I would love the security of knowing I am able to stay in the UK independently of her. Should I try for Right to Remain? Citizenship? Stay married and reapply for another 5 years of EEA family permit? I have tried navigating http://www.gov.uk but could use a little advice on this whole thing. Thanks.

If you divorce you may apply for retained rights after 3 years of marriage;
or hang in there (remain married) and shoot for confirmation of PR after 5 years.
Despite Brexit you may just make it.

fyi - if married there is no requirement in EU law to co-habit; yes, free movement really is that free and easy.

Ref https://www.gov.uk/government/uploads/s ... _clean.pdf

[Lou2]

Does that mean I could conceivably move to another EEA country while she remained here in Britain?

[noajthan]

Does that mean I could conceivably move to another EEA country while she remained here in Britain?

No, not really. Because there are continuity of residence rules to factor in.

Until and unless you obtain RoR or PR status you have no EU rights in isolation.
You need a sponsor and your sponsor needs to be in same member state in order to sponsor you in that country, (but not necessarily co-habiting).
In any case, documentary supporting evidence needs to be rock-solid (if not unimpeachable) especially if not co-habiting.