separated EU family member can have a new British partner ?

[askmeplz82]

Case:

NON-EU is married to EU from May 2010.
EU spouse working in the UK
They are living separate but not divorced yet.

Now NON-EU national is in relationship with a British lady. British national partner is asking NON_EU national to move in with her

NON_EU told British national that he still need to be dependent on his Wife who is separated because next year if he apply for PR he need her documents and Passport.

So, now British national is asking to apply to Home office as unmarried partner of British national ( switch from EU to British routes )

is that possible ?

[anniecc]

No, not possible. To apply for the unmarried partner visa you need to have been living together for two years in a relationship akin to marriage. If you have yet to move in together you won't meet that criteria.

If you have separated from your EU partner, you also have no right to apply for ILR on the basis of your status as their partner. Even if they are willing to sponsor you they would have to state that you intend to continue living together as husband and wife, which is clearly not the case as you have separated.

[Amber]

You should consider whether you have any grounds for Retention of Rights (EEA residence) and perhaps it's best to ask in the EEA forum area.

[askmeplz82]

No, not possible. To apply for the unmarried partner visa you need to have been living together for two years in a relationship akin to marriage. If you have yet to move in together you won't meet that criteria.

If you have separated from your EU partner, you also have no right to apply for ILR on the basis of your status as their partner. Even if they are willing to sponsor you they would have to state that you intend to continue living together as husband and wife, which is clearly not the case as you have separated.

Thanks

[askmeplz82]

You should consider whether you have any grounds for Retention of Rights (EEA residence) and perhaps it's best to ask in the EEA forum area.

Retention of right if we are divorced already. getting divorce in the UK is too expensive