Please advise

[dhruv_]

Hello all
Any contribution on this will be appreciated.
I am non EU citizen, I got married to EU citizen in March 2012 and I'm on residence permit since then. 3 years for marriage got completed in March 2015. We have decided to go for divorce as things are not working out but we want to get over the paperwork ASAP. The quickest way to get divorce is to confirm to court we have been separated for a year. But that would mean we got separated before completing 3 years of marriage. Can I still apply for divorce now and apply for retention of rights? Does the separation matter or is it just the date of filing for divorce that matters? Also, my wife is employed but right now on 3 months sick leave. Does that still count as exercising treaty rights?
Please advise me on these queries.
Thank you

[noajthan]

Hello all
Any contribution on this will be appreciated.

I am non EU citizen, I got married to EU citizen in March 2012 and I'm on residence permit since then. 3 years for marriage got completed in March 2015. We have decided to go for divorce as things are not working out but we want to get over the paperwork ASAP.

The quickest way to get divorce is to confirm to court we have been separated for a year. But that would mean we got separated before completing 3 years of marriage. Can I still apply for divorce now and apply for retention of rights? Does the separation matter or is it just the date of filing for divorce that matters?

Also, my wife is employed but right now on 3 months sick leave. Does that still count as exercising treaty rights?

Please advise me on these queries.
Thank you

There is no requirement for EEA nationals to live together even if married.
Even if separated you are still legally married (until, finally, you are granted a 'decree absolute').

As established by case law, FMB Uganda [2010] UKUT 447 (IAC)...
a worker on sick leave still retains their qualified person status as a worker.

Note: adequate supporting evidence will be required, eg medical certificates & etc.

Ref HO guidance: https://www.gov.uk/government/uploads/s ... s_v3_0.pdf
- see page 15