What does "Separation" means to UKBA?

Hi guys, though it might be too late for me to ask this question as I have already sent out my 1.5kg application pack for a joint EEA4 and EEA3 application.

But I have been worried since after reading through the forum and found out people talking about retain rights of residency.

I started puzzling whether I should going down this route instead. Can anyone shed a light on this?

Here is a bit story of my situation:

I came to UK in 2000 as a student and married with my EEA husband in 2003. He has been excerising his treaty rights as a worker since 2003 till present, exept he was unemployed for almost 12 months in 2005. He wasn't on benifit as I was supporting him during that time. Because it was the time before 2006 directive, we did not know he would need CSI for this period. In result, I couldn't apply permanent residency in 2008 when the first 5 years is completed.

He started working from May 2006. Therefore upto May 2011 we are elighable to apply again. Yet, we have been through some difficult time in our relationship and I suffered clinic depression in 2010. Then we decided we would be much happier to live our life separately and only seeing each other in weekends and holidays. So we have been separated in early 2010 till now.

I mean we do behave like husband and wife when we meet. We went on holidays abroad together, visiting each other's parents, going out for weekend trips, dinner together at least once a week. But we both have busy working life and cannot stand each other to be under the same roof for longer period ( I know it sounds weired, but that is how it like at the moment. We even went to relationship cousualtation.). We are trying to find a way to get back again and don't really want to divorce.

I understand that as long as a divorce is not finalised, I would still be considered the family member of a EEA national. Is it correct?

I have sent a joint EEA3 and EEA4 application only last week based as married couple instead of retain rights of residency. And to avoid the complication to explain why we are seperated, I've just put in the cover letter due to working reason, (which is also part of it. He lives in Essex at the moment and I am working in London, so I'm lodging somewhere near my work place).

Or I should apply as Retian rights of residency? We've married more than 3 years, living in the UK always and he has been working.

Any commetents or inputs are welcome please.

Many thans in advance!!!

I understand that as long as a divorce is not finalised, I would still be considered the family member of a EEA national. Is it correct?

Yes. You are married. Retention of Rights is not relevant in your case.

BTW - CSI was not required before 2006 so you should have automatically obtained PR status in 2008 and could have already applied for a confirmation back then.

Jambo wrote: BTW - CSI was not required before 2006 so you should have automatically obtained PR status in 2008 and could have already applied for a confirmation back then.

I did try back in 2008, but they were asking proof he's excersing treaty rights during 2005. or CSI if he is self sufficient. We didn't know what to do. And it was nearly 7 months waiting time already. Everyone was so exhaused. So in the end I just asked for another RC instead. I called the HO helpline and was told I could apply again in 2011.

Hi guys,

No more input or comments?

So I am still married under the HO consideration then. What a relief.

Thanks Jambo

You can choose any period for which you have 5 years of legal residence. Be explicit about which 5 years you are choosing in a cover letter for the PR.