Application question - follow lawyer's advice?

[smcrobb]

Seeking advice because I am slightly concerned about my lawyer's competence...

I have had a UKRC for almost 4 years, American citizen, used the SS route to gain UKRC and I am currently employed as a secondary school teacher. My husband is a british citizen and has been employed the entire time. We have decided to separate and we have been separated for 9 months. I was told I needed to apply for my retained right, but my lawyer says I cannot apply until I have started divorce proceedings. In Scotland you cannot apply for a divorce until you have been separated for a year.

My husband says that my lawyer is wrong and I need to have my application submitted before the divorce because we no longer live together.

Will waiting until I am divorced have any negative effect on my retained right application? Or is this normal?

[CR001]

Not sure how it works as you are on the SS path with a British spouse, but to be able to retain rights you need to already be divorced and have the divorce decree absolute.

[Obie]

You husband appear to be the one who is wrong. The advise of the lawyer is unimpeachable.

[smcrobb]

Thank you very much. My soon to be ex husband tends to place doubt and fear in my mind.