Leave to Remain as a Partner.

[NataliaRu]

Hi,
I'm in the following situation.
Separated from my husband (European national) over two years ago and in a relationship with UK partner for nearly two years.
Unfortunately, I can't file for divorce as I have no valid ground other than two-years-separation which my husband will contest.
My current residence permit as EEA family member will expire soon, and there is no chance to get any documents from husband to apply for extension. Then I won't be able to work.
The question is, can I apply for leave to remain as a partner of UK national while still married otherwise?

[CR001]

To apply (if you could, some have been successful others have not), as an Unmarried Partner of a BC, you need rock solid evidence of 2 years minimum cohabitation 'in a relationship akin to marriage'.

If you do not have that, your application will fail.

As long as you are married to an EU national, your rights remain intact.

[NataliaRu]

Does it mean that HO can accept the relationship even though I'm still married?
Yes, my rights remain intact, but it won't be impossible to find a job with expired residence card

[seagul]

More likely you have to go back after divorce if you wish to switch into new relationship with UK national. Because as you stated that your EU partner won't assist you which means you might not even get retention of right under 3 years EU route. So you will have to apply from back home.