Non Eea husband’s rights, separated but not divorced

[Linben123]

Good afternoon. I am here to seek advice on this. I am in the uk for 18 years, European national. I have been married to a Cuban National for 10 years now. He had two residence card (2x5years)with my support and he wishes to apply for PR now. So we are married for 10 years but separated for 5. He lives on a different address for the last 5 years. We never divorced. My idea is to apply for PR for myself and our two children and as he is still my husband I would like to add him as a dependent on the online form. I am not pretty sure if this could work, however it does give you the option to give explanation of the situation and provide different home address for him. I was told that he cannot apply based on retained rights as we are still married on paper an he counts as a family member.
It would be great to get some hands on advice on this. Many thanks, Lin

[NikiGio]

My idea is to apply for PR for myself and our two children and as he is still my husband I would like to add him as a dependent on the online form. I am not pretty sure if this could work, however it does give you the option to give explanation of the situation and provide different home address for him. I was told that he cannot apply based on retained rights as we are still married on paper an he counts as a family member.

Yes, you can apply for PR for the four of you as you're still married. Retained Rights in not an option for that same reason.

Just include a covering letter and explain.

[Linben123]

Thanks so much! I will just put him on on our application. All the best, Linda