Non-EEA national - to renew Family Residence Card.

[DMN87]

Hello everyone,
I hope you can guide me.

I am a non-EEA married to an EEA national who has lived in the UK for more than 15 years, she currently holds a PR.
In 2013 I applied for a Residence Card which is expiring soon, so I will have to apply for a renewal of my non-EEA Family Member Residence Card. (I might be wrong).

Currently, we have separate address due to the fact we decided to give each other space due to personal issues, however the relationship has not formally ended.

What would be crucial in the application being refused? Would the fact that she isn't earning enough money and being on housing benefits affect the outcome?

[dan1988uk]

Hello everyone,
I hope you can guide me.

I am a non-EEA married to an EEA national who has lived in the UK for more than 15 years, she currently holds a PR.
In 2013 I applied for a Residence Card which is expiring soon, so I will have to apply for a renewal of my non-EEA Family Member Residence Card. (I might be wrong).

Currently, we have separate address due to the fact we decided to give each other space due to personal issues, however the relationship has not formally ended.

What would be crucial in the application being refused? Would the fact that she isn't earning enough money and being on housing benefits affect the outcome?

She has PR so she doesn’t need to be a qualified person but one of the requirements of your legal stay in the UK is that you are living together with your EEA sponsor.

[Jayjay2017]

From my little understanding of the EEA laws, I know you don’t have to live at the same address (refer to the Diatta vs Land Berlin case).