RELATIONSHIP BREAKDOWN AFTER 5 YEARS

[kojo]

Hi,
I need urgent advice or help. Myself and wife are no more together,haven married in 2010,and lived in Uk since 2013 June. She's EU citizen .I also assisted he rot get her ILR . My 5 yrs EEA Family visa runs out in December 2018 so barely a Month away. The issue is she's not cop-orating or assisting me to apply for Indefinite Leave so what do I do? We got 2 kids,one was born here in UK.
I saw a Solicitor who said, I could go ahead to apply through the 'Right To Remain' route but I must get divorce first. With my visa limited and divorce process taking some time, how do I get over this. Is there any way to do this please as its stressful.
What documents would I need to put in an application if there's another route apart from the above. what about making a public statement?

[zimba]

You are under the EEA route so ILR is not relevant to you as your right of residence is derived from EEA regulation rather than UK immigration rules. Your EU wife was surely given Permanent Residence (PR) and not ILR, which is granted under EEA regulation

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. The EEA national must continue to exercise free movement rights in the UK, or have a right of permanent residence.

A non-EEA national spouse or civil partner whose relationship has not officially ended will lose their right of residence if the EEA national:

• stops being a qualified person (either through no longer being a qualified person in the UK or by leaving the UK)
• loses their right of permanent residence

This means you are allowed to stay in the UK as long as you are married to your wife who has PR. As far as I know, you do not need a residence card to stay in the UK as a family member of an EEA but you can get one if you want. I assume this is what you have.

In case of divorce, you need to apply for Retained rights of residence but as the right to reside is only retained on the termination of the marriage, the criteria for retention will only be considered at the time of the initiation of divorce proceedings. Hence you should wait until that time to apply.

[Richard W]

In case of divorce, you need to apply for Retained rights of residence but as the right to reside is only retained on the termination of the marriage, the criteria for retention will only be considered at the time of the initiation of divorce proceedings. Hence you should wait until that time to apply.

Assuming your wife obtained PR under the EEA regulations, and that she qualified for it in June 2018, and that you have been living together since June 2018, you obtained PR at the same time as her. You should have applied for a PRC at the same time as she applied for her DCPR. Your problem now is to provide proof that you have also achieved PR - unless you are lucky enough to be able to apply for settled status now.