EEA Family member 10 years based ILR

[ihossain]

Hey I am Non-EU citizen and family member(Husband) of a EEA national.

I was on my student visa from July 2009 to December 2015, then I got my EEA family Permit until December 2020.

I am married since March 2015 and wee are still living together but my wife will leave UK and go to China for a job she got there and our marriage might end anytime soon. My wife worked in the UK from September 2014 to December 2016.

I am worried now if she leave UK will I have any problem to get my ILR when I complete my 10 Years in July 2019.
Also I would like to know am I entitled to apply for retained right of residence now?


Thank You.

[zimba]

To qualify for ILR based on long residence with time spent as EEA FM, you have provide substantial documentation to prove your EU spouse was a qualified person exercising treaty rights (payslips, P60's, bank statements, etc etc). However if she leaves the UK to work abroad, then she is NOT exercising her treaty rights and you will not be able to get ILR by 2019.

[Obie]

Furthermore, it does not seem as if OP will be able to retain a right of Residence until at least after March 2018, so he will need to think of his options very carefully.