EU SETTLEMENT RETAIN RIGHTS OF RESIDENTS

[amituk]

I am 42 year old Indian man with 13 year old daughter, we both are from India.
I married with a EU citizen on April 2019 in India and I left my government job and I moved to Poland on August with my daughter to live with my wife.
Me and my wife decided to move to UK and I applied for EEA family permit and I was granted eea family permit and I moved to UK with my wife and daughter on March 2020 .
My wife and I have little fight as other husbands and wives normally, she was always shouting my daughter without any reasons but I always explained her to behave well with my daughter, my first wife passed away in 2013 ,so my daughter needs more care and love.
Anyways life was going well then my wife told me that she is not feeling well because she can't work due to corona and her parents is not feeling well, so she wants to go back to Poland but when situation will be well ,she would come back to UK, I said it's not safe due to corona, so please stay here until situation becomes well ,but she became angry and finally she went back to Poland in last week of March 2020.
I thought that she will be back after lock down, but when I talked to her before few days ago she told that she doesn't want to come back to UK nor she doesn't want to live with me in her country too, I tried allot to explain her but she is not listening me, I requested allot but she is saying me to leave her alone. These are very stressful for me .
My wife received her EU SETTLEMENT pre settled status in April buy email and I have also applied EU settlement scheme for me and my daughter, our appointment for biometric residence permit card was on April but due to corona situation, ukvcas postponed it to July.
I read a information in gov.uk website that if you separate or divorce then inform home office ,so what does it mean ,is this about separation only or legal separation.
I also read that if my daughter is in education then she will be eligible for eu settlement and I will be also eligible for eu settlement due to legal father of her ,I applied for admission in school in March but she is in not in school because school closed due to corona again .
I love my wife and I don't want to divorce or separate her but she is not understanding my love.. Anyways.
Anyone was /is in same situation, so please explain and advice me about it

[aw17]

I am 42 year old Indian man with 13 year old daughter, we both are from India.
I married with a EU citizen on April 2019 in India and I left my government job and I moved to Poland on August with my daughter to live with my wife.
Me and my wife decided to move to UK and I applied for EEA family permit and I was granted eea family permit and I moved to UK with my wife and daughter on March 2020 .
My wife and I have little fight as other husbands and wives normally, she was always shouting my daughter without any reasons but I always explained her to behave well with my daughter, my first wife passed away in 2013 ,so my daughter needs more care and love.
Anyways life was going well then my wife told me that she is not feeling well because she can't work due to corona and her parents is not feeling well, so she wants to go back to Poland but when situation will be well ,she would come back to UK, I said it's not safe due to corona, so please stay here until situation becomes well ,but she became angry and finally she went back to Poland in last week of March 2020.
I thought that she will be back after lock down, but when I talked to her before few days ago she told that she doesn't want to come back to UK nor she doesn't want to live with me in her country too, I tried allot to explain her but she is not listening me, I requested allot but she is saying me to leave her alone. These are very stressful for me .
My wife received her EU SETTLEMENT pre settled status in April buy email and I have also applied EU settlement scheme for me and my daughter, our appointment for biometric residence permit card was on April but due to corona situation, ukvcas postponed it to July.
I read a information in gov.uk website that if you separate or divorce then inform home office ,so what does it mean ,is this about separation only or legal separation.
I also read that if my daughter is in education then she will be eligible for eu settlement and I will be also eligible for eu settlement due to legal father of her ,I applied for admission in school in March but she is in not in school because school closed due to corona again .
I love my wife and I don't want to divorce or separate her but she is not understanding my love.. Anyways.
Anyone was /is in same situation, so please explain and advice me about it

you are not qualify for that as you are not married for 3 years and for separation she should be in uk but as you say she is not. so i will suggest you just put application with partner application id hope you will get.

[amituk]

OK thanks for your advice

[Zerubbabel]

Hello,

Sorry for this message.

These situations are common when your immigration status depends on being on a relationship. Humans being what they are, relationships can collapse causing the loss of associated immigration privileges.

As your relationship collapsed after you just arrived in the UK and your EEA national left the country food good, it means you lost any immigration right associated with that relationship.

There are 2 things that could happen from now:

1 - They realise your wife is no longer in the country and they will refuse your application

2 - They won't realise your wife left and they issue a 5-year pre-settled status. Technically, you are not eligible to that but they may issue it without realising your conditions have changed. Then, you are in the UK for 5-years until you try to switch to settle in 5 years and they refuse and tell you shouldn't be in the UK in first place.