My status in this country right now

[askmeplz82]

Heloo everyone . I am back on this forum after 2 years
Can someone tell me what options I have right now . Last 2 years I was too busy working that I didn't have time

I came to the UK in 2004 as a student
Imarried to an EEA national in 2009 and got 5 years
Residence permit which expired in 2015
We got separated in 2011 and she left my flat to live with someone else . She is still my friend in Facebook .
We are not officially divorced yet
When I asked her last time in 2016 she does
Not want to help me . I won't get any documents from her

I am in relationship with another EEA national
Since 2014 and we are living together from last 4 months and she is keep telling me to marry her and wanted me to introduce to her parents but I can't travel outside and marry her

What can I do ?

[CR001]

If she is unwilling to help you and provide her documents, there isn't much you can do.

You will require her documents too if you divorce and want to retain rights.

Unless your are married to your new partner, you cannot apply for a residence card based on her as you have not been living together for the required 2 year period. You obviously cannot marry her until your divorce is finalised.

[secret.simon]

Has your current wife (the one you married in 2009) stayed in the UK (anywhere in the UK) and has she continued to exercise treaty rights?

Technically, if you are still married to her and the above conditions are met (and assuming no absences of more than six months), you have acquired PR automatically. The difficulty is in proving it. She holds the key (or the documents). Try talking to her again.

[askmeplz82]

Has your current wife (the one you married in 2009) stayed in the UK (anywhere in the UK) and has she continued to exercise treaty rights?

Technically, if you are still married to her and the above conditions are met (and assuming no absences of more than six months), you have acquired PR automatically. The difficulty is in proving it. She holds the key (or the documents). Try talking to her again.

Thank .. she is still living in the uk
She left her job in 2015 . I don't know what she is doing since last one year . So only option I have is to
Retain right of residence after divorce

I know she will never help me with PR but
Should I talk to her about divorce
And then request few proof of her exercise treaty right
Right Up until divorce finalised ?

[Obie]

If she has left her job without PR, you will encounter difficulties, ubless she has comprehensive sickness insurance.