should I, or should I not????? :\

[Ranjha364]

hello everyone,

okay, just called home office to enquire about whether or not should I or can I apply for PR as I have been married (as a non-eea national) for 5 years to my eea nat spouse. what theyre asking me to do is to proceed with divorce if I wanted to have any chances of getting PR as we're not living together for last couple of years or its gonna be tricky and could take forever and not having any fruitful results. okay the guy was nice and was probably trying to help but why on earth divorce.

okay, now my question is:

what if I dont tell home office that we have been separated but show the different address for those 2 years and provide a good reason for not having the same address i.e. education etc. could it work?

and the second question is that having married for a total period of 5 years, 3 together, 2 separated; what kind of visa am I gonna qualify for, for instance is it gonna be PR or retain of residency thing in which case they slam another 5 year visa on my passport and im stuck for another 5 years.

and last but not least, am I gonna need health insurance in any case?

cheers guys, amazing platform!!

[nonspecifics]

As I said before on this site, don't just accept whatever UKBA or the Home Office tell you.

So you did the right thing to write in and ask.

Maybe the experts need more information to give a better answer.

What have you already told UKBA about your relationship?

Are you still on amicable speaking terms with your spouse?

It would make life simpler if you had her help in supporting any application for PR by her supplying the documentary evidence to prove she has been exercising Treaty Rights for the previous five years and you will also need to prove your five years of residence too.

Could UKBA find evidence to represent your relationship as a bogus marriage? It's not an accusation, but it's how UKBA often view things.

Your rights are based on your partner as she is the EEA sponsor.

Has she exercised Treaty Rights for five years and you and your wife have not been an " unreasonable burden" by using public funds? How did she exercise Treaty Rights? Do you have documentary proof for the five years?

Proof of Comprehensive Sickness Insurance is required if Student / Self-sufficient applicants. Workers don't need it.

Five years residence in itself does not mean you qualify for permanent residence. You must have been "living in accordance with the Regulations".

I've read several posts about UKBA demanding evidence when the separated partners are hostile to each other and so one won't give any documents to support the other's case with UKBA. Unpleasant and difficult.

Lots of married couples get on each other's nerves when living together, that's very common. Though you live apart does not mean you must divorce. How you live your lives as a married couple is up to you and your wife.

Are you legally separated as in the sense that lawyers are involved or you have made declarations that your relationship has ended (with a date of separation) to any Govt departments ?

They can't just stick whatever sticker they think is appropriate in your passport.

If you want to apply for proof of PR as non-EEA then complete an EEA4 application. They either accept or reject it.

What they give is a document confirming your PR. You acquire PR then apply for proof confirming it, if you want to.

They won't give you another EEA2 unless you apply for one.

Hope that's something to start with, so the experts can give more specific answers.

[nonspecifics]

Maybe they are sweet talking you and suggesting you get divorced, so it is much easier to deport you, if it turns out you haven't acquired PR.

There's no guarantee you would get another Residence card either if the UKBA say you are not living according to the Regulations and your wife is no longer sponsoring you under EU law.

It is very much harder to deport the spouse of an EEA national, so that's why there are so many bogus marriages between non-EEA nationals and EU nationals and that's why the UKBA try to stop the bogus marriages BEFORE they take place.

I am not suggesting your marriage was bogus, but highlighting that divorce would probably very much weaken your case for any sort of residence card, not make it easier for you.

[vinny]

See also [url=http://www.bailii.org/uk/cases/UKUT/IAC ... urkey.html]PM (EEA – spouse –“residing withâ€

[Obie]

I believe the particular facts of that case, merit the conclusions reached.
There was evidence that PM and the appellant had a child together, evidence that child support was being paid, and hence PM would have been working or self employed. The only impediment was that, they ceased living together. In light of the Judgment in Diatta ECJ juriprudence, it is questionable whether that was indeed an impediment, or whether the IJ erred in law, and the conclusion can only be the later.

It is unclear whether that case can be assimilated with that of the OP'S.
Has her spouse been in renumerative employment or exercised treaty rights in other capacity over the five years period in question? and can he provide proof to substantiate this.

Was the marriage a marriage of convenience or not? In PM there was two year seperation, which is quite a long time indeed, but as their was a child in the relationship, and continued social contact, this was not an issue.

The OP may or may not meet those requirement, but at present it seems unclear whether he does. He talked about comprehensive sickness insurance, which means their is lack of evidence that his spouse has been working, he is failing to realise that CSI cannot apply retrospectively or backdated.