Questions about EEA2 and separation

[lunalunera]

Hello everyone, I'm new to this forum so please be patient with me
So my situation is as follows , gonna summarise everything so it's easy to read.

I'm Non EU and husband is UK Citizen
Been married for 5 years
Only started living in the UK last year, residence card issued in Sept 2015 and got in the UK using Surinder S. route.

We are now separated but been living in the same flat as "housemates" , each has a room and we really are very good friends. The thing is we want to move out next year of course and live separately with our current partners. Is that possible? How would it affect me if I were to live in a different address? What about renting a place with my new boyfriend? I know it might be a silly question but in terms of showing proof of identity and my legal stay in the UK to a letting agency? Is there not an issue with me renting separately from my sponsor? I'm quite paranoid about the subject.

Also, we don't really want to get divorced now, he's happy to help me out so I can retain my residence since I'm studying and working and trying to build a life here, as I mentioned, we are in good terms, but still I would like to know what my options are in case he changes his mind one day , you never know. Another thing I need to know is, do we need to let HO know about our separation? Even if we have no plans of getting a divorce?

Last question, what's next? What happens after my current RC expires? After the 5 years? What sort of stuff (documents, evidence) do I need to provide to get PR? What if we are not divorced but we live separately? Husband is not planning to leave the UK in the next few years, I talked to him about that cause I've read some stuff about exercising treaty rights. He says he obviously doesn't know what he's gonna do in the next few years but has no plans of moving away. Still, you can't never be sure so I have to start making an emergency plan in case things change,right?

I'm sorry if my post is a bit messy, I tried my best to make it readable!! Thank you and will wait for answers

[noajthan]

Hello everyone, I'm new to this forum so please be patient with me
So my situation is as follows , gonna summarise everything so it's easy to read.

I'm Non EU and husband is UK Citizen
Been married for 5 years
Only started living in the UK last year, residence card issued in Sept 2015 and got in the UK using Surinder S. route.

We are now separated but been living in the same flat as "housemates" , each has a room and we really are very good friends.

...

I'm sorry if my post is a bit messy, I tried my best to make it readable!! Thank you and will wait for answers

Welcome.
Don't be too hard on yourself, we often see much messier posts.

Under EU law, there is no requirement to cohabit on EU route. HO may be interested in why parties are not cohabiting.

Read the guidance on PR, its quite clear and comprehensive.
You should have read it already to be sure you have started to generate the appropriate papertrail for future applications.

A RC is not a 'visa', its optional and nothing will happen when it expires.

You don't apply for PR, PR is acquired automatically if you fulfill the requirements.
What you apply for is confirmation of that status and the PRC is also optional.
However with Brexit any confirmation of EU-related status in UK would be a wise investment.

As your PR clock has only just started, and with Brexit looming, you are not likely to acquire PR in the 'normal' way anyway (it takes 5 years).

No, HO does not have to be advised of relationship breakdown, you are not on UK spouse visa (in which case such notification is mandatory).
Yes - free movement really is that free and easy.

However your new relationships are potentially problematic.
There is Regulation 2 that focuses on polygamous relationships.

And also this:

You must also refuse documentation to someone applying on the basis of a marriage or a civil partnership where the applicant or the EEA national is in a subsisting durable partnership with another person in the UK

Ref https://www.gov.uk/government/uploads/s ... als-v4.pdf
- page 31+

As mentioned, no issue with living apart but having other partners may not be compatible with sponsorship by your proxy EEA national sponsor.
It's a grey area but if either party breaks that sponsorship by pursuing other relationships then your ability to live, work, study in UK may be lost.

There is also ROR should you bite the bullet and divorce (fully) but I'm not clear how that works in SS cases.
After all, its only Reg 9 that makes the BC a kind of proxy EEA national:
http://www.eearegulations.co.uk/Latest/ByPage/part1_9

Yes, lack of a Plan B or failure to plan is planning to fail.
However as it stands hubby does not have to exercise treaty rights as he is a returned SS-er and BC.
How far you can trust or rely on hubby (and/or imminent Brexit negotiations) is out of scope.

Takeaway:
Problem area seems to be the new relationship/s.
And with Brexit you probably only get one shot.
Suggest think carefully, dig into this and/or seek appropriate professional advice.