EU family member separation

[sandeshk]

Hey Need urgent help

Me and my wife got married in March 2014 in India. I came to UK in March 2015 and got my EU resident card in Feb 2016. Due to our personal reason the marriage cant go any further, we came to a mutual understanding for separation. We also have a 7 years old daughter.

I was going through the Retained rights of residence and came to this info
"End of relationship - separation
If a non-EEA national separates from their EEA national spouse or civil partner they remain a family member with the right to live in the UK for as long as they are married to, or in a civil partnership with, an EEA national sponsor who continues to exercise free movement rights in the UK, or who has acquired a right of permanent residence. They continue to have a right to live in the UK until such time as either:
 a divorce is finalised and a decree absolute is issued
 the marriage is annulled or
 the civil partnership is dissolved "

My wife Is an Irish Citizen and she exercise free movement rights in the UK, so does this means I can stay in UK?

Thanks

[noajthan]

Hey Need urgent help

Me and my wife got married in March 2014 in India. I came to UK in March 2015 and got my EU resident card in Feb 2016. Due to our personal reason the marriage cant go any further, we came to a mutual understanding for separation. We also have a 7 years old daughter.

I was going through the Retained rights of residence and came to this info
"End of relationship - separation
If a non-EEA national separates from their EEA national spouse or civil partner they remain a family member with the right to live in the UK for as long as they are married to, or in a civil partnership with, an EEA national sponsor who continues to exercise free movement rights in the UK ...

My wife Is an Irish Citizen and she exercise free movement rights in the UK, so does this means I can stay in UK?

Thanks

Are you still married or divorced?
If 'only separated' then you are still married in context of EU law.
Do you plan to divorce?

If separated you will remain in the hands of someone who may or may not stay in UK and may or may not be a qualified person and may or may not have a different roadmap for the future.

[sandeshk]

Yes Im still Married.

My wife will never leave UK because She was born and brought up her. And our daughter is also born In UK.

To be honest im thinking to get divorce after some time but need to be separate for a while.

Do I need to inform home office?
Do I need to apply for visa?

Thanks for the reply

[Obie]

You wife appears on the face of what you have said to be a British Citizen as well.

I am surprised how you managed to get EEA family permit or Residence card.

[sandeshk]

She renounce the British citizenship.

[Obie]

She renounce the British citizenship.

You will be able to qualify for Residence for as long as she remains a qualified person.

You may qualify for Retention of Residence upon divorce, subject to the arrangement order for your 7 years old child.

You are at her mercy, and you must hope that she continue exercise her treaty rights until UK leave the European Union at the very least.

[noajthan]

Very shaky foundations on which to bring remaining family to UK:
http://www.immigrationboards.com/eea-ro ... l#p1397861

And be aware UK is unlikely to be in EU by 2020 which is when (without Brexit) you may acquire PR.

[sandeshk]

Thanks Obie

Currently Im staying with my family so I understand that I can move house and stay separately?
Is there any minimum time frame I have to be separated before applying for Retained rights of residence?
And Do I have to inform home office ?

[sandeshk]

I wont bring my family member until im properly settled.
I appreciate your concern Noajthan

[Obie]

Very shaky foundations on which to bring remaining family to UK:
http://www.immigrationboards.com/eea-ro ... l#p1397861

And be aware UK is unlikely to be in EU by 2020 which is when (without Brexit) you may acquire PR.

If follow from Diatta, that this may not be a problem .

[sandeshk]

Thanks Obie

I been trying hard to understand Diatta but couldn't understand fully. Can you pls explain in brief.

[Richard W]

There are two parts:

1) A genuine marriage remains a marriage until the marriage has been formally dissolved. This is different to purely British immigration law, where the question is whether the marriage still 'subsists'. (This legal ruling seemed to be under threat from 'Cameron's deal', and it is not impossible that other EU countries might try to revive that part of the deal.)

2) A husband and wife do not have to live together to count as one another's family members - it is enough that they live in the same country. (I'm not sure how far this applies to other family members.)

[sandeshk]

Thanks Richard