applying for SET(IL) while seperated from husband

[vondom]

Hello all,

I have been living in the UK since 2002 (married to EEA Spanish national since 2003). We have been separated for 2 years now and I would like to apply for Long stay ILR... However my husband has not worked for some time and does not have any payslips or tax returns to supply for my application. I think he will help me with his passport and I have all other documents. (marriage certificate, birth certificate).

I am holding a South African passport and have a UK Residence permit (5 Year) which is expiring Nov 2018. I would like to divorce my husband and move on.. but would like to know if I can apply for SET(IL) I have held 5 year residence permits for my entire stay in the UK and have never left the UK for long periods that would disqualify myself.

Any advice will be greatly appreciated. Many thanks!

[CR001]

For Long Residence ILR you are required to submit evidence of your EU spouse being a qualified person exercising treaty rights for the whole period you are claiming as a spouse of an EU citizen. If you don't have payslips and bank statements and evidence of accommodation etc, your application will fail.

Is there no 5 year period where he was a qualified person exercising treaty rights for the whole period for you to qualify for PR under the EEA/EU rules?

[vondom]

Thanks for replying, I will be seeing a immigration lawyer this week. I can't wrap my head around the process. Thanks again CR001

For Long Residence ILR you are required to submit evidence of your EU spouse being a qualified person exercising treaty rights for the whole period you are claiming as a spouse of an EU citizen. If you don't have payslips and bank statements and evidence of accommodation etc, your application will fail.

Is there no 5 year period where he was a qualified person exercising treaty rights for the whole period for you to qualify for PR under the EEA/EU rules?