ROR , divorce case pending

[Sanaissiaka]

Hi,
I am a non Eea citizen married to a eea citizen since July 2012.
We have been separated since February 2017 and submitted a divorce request.
On the 11th of august 2017 the divorce was rejected due to some mismatch on our names.
Since then we have submitted another divorce application.
My 5 years residence permit is due to expire on the 30th of November 2017.
1- can I apply for ROR even if I don't have a divorce evidence.
2-What other options do I have.
3-please help, I've spent a considerable amount of money trying to get advice for solicitors but it seems like they are all telling something different and I am lost.

[fatimahh]

Unfortunately you cannot apply for ROR without decree absolute. I can see that you were maried in july 2012 therefore in july 2017 you are eligible for PR if your EEA has been exercising treaty right the whole time. Why don't you apply for PR?

[Sanaissiaka]

Hi Fatimah,

Thank you for your reply.
I did not think about this option since I am separated from my spouse.
That is a reasonable option for me then.
But shall I provide my spouse documents?
I have her passport and ID card copies.
Should I mention that we are separated in my application?
I can provide any other document for the past 5 years we have been living together.

[Carling40]

As Fatimah as rightly pointed out, if your EEA spouse was exercising treaty rights from July 2012 to July 2017 then simply apply for PR.
Until a decree absolute has been issued you are in law still married.
I'm sorry to hear you're getting divorced, as i was once advised too, i advise you to try and save your marriage first and foremost and if you've tried your best and it cant be saved then you know youve tried...
I'd strongly advise you get the support of your spouse if you want to apply for PR whilst still married as you would require original documents from her and not photocopies. (I hope you are both amicable as i know divorce can be bitter).
should you be in the situation where your spouse is not amicable and things are bitter, its not the end of the world. It just means you'd have to apply for PR when you have your decree absolute issued and ensure you have as much original documents of EEA spouse employment documents and apply for PR clearly stating you don't have ex' spouse's original ID as you're now divorced.

All the best