Non EEA ntional married to EEA national in UK

[Sparticus]

Hello,

Perhaps somebody could advise me:
A friend of mine is married to a EEA national in the UK, may seperate, for a while as the relationship is verbally abusive. She has an EEA2 stamp in her passport to live in the UK.
My questions are:
Does she have to leave the UK if they seperate (not divorce as they may get back together)
She has had the EEA2 for two years and they've been together that long, however she was in the UK on a work/study visa for two years before she married...does this two years prior to marriage and her EEA2, count towards her EEA4 5 years for permanent residence?

Many thanks in advance
Sparticus

[nonspecifics]

Q1. Does she have to leave the UK if they separate (not divorce as they may get back together) ?

A1. No. They remain married until divorced. She remains a family member while married, even if separated.

Q2.She has had the EEA2 for two years and they've been together that long, however she was in the UK on a work/study visa for two years before she married...does this two years prior to marriage and her EEA2, count towards her EEA4 5 years for permanent residence?

A2. No.

[Sparticus]

nonspecifics,

Thanks for your reply, much appreciated, I thought there was a qualifying period of living 5 years in the UK before you could apply to stay permanently in general terms?....perhaps that's something from a long time ago...perhaps I'm showing my age here

Much appreicated
Sparticus

[nonspecifics]

Five years continuous residence under the Regulations.

A work visa issued under UK immigration rules is not part of the Regulations, so can't be counted towards the five years.

[Sparticus]

Thanks once again nonspecifics...

I understand that study or work visas are of course not counted towards the 5 years under EAA4...thanks for pointing that out, the specifics hadn't occurred to me.

Cheers
Sparticus