UK PR after 5 years family permit visa,now separated

[natalied1986]

hello there, can somebody help me?
i am non EU citizen(fromSerbia) married to Slovak National. We have been Married since september 2010,and lived together till september 2014. weve been living in uk the entire time,actually since 2009 both of us. we are separated however we havent filled for the divorce yet. both of us have been in full time employment the entire time.

me and my husband remain on very good terms and he said he will help me by giving me his ID, confirmations of employment etc to send for my visa.. ive read in some previous treads that , as we are not divorced yet, i can still apply as family member for permanent residence, under condition we were together for at least 3 years and we are both in full time employment .
if this is correct - could you tell me if i should state on the form(when applying) that we are currently separated but not divorced - as i can prove that we lived together and were in genuine relationship for 4 years, but cant prove we lived together since september 2014?
will i be having issues with getting my PR coz of the fact that we are no longer together but remain married?
thanks in advance
natalia

[noajthan]

hello there, can somebody help me?
i am non EU citizen(fromSerbia) married to Slovak National. We have been Married since september 2010,and lived together till september 2014. weve been living in uk the entire time,actually since 2009 both of us. we are separated however we havent filled for the divorce yet. both of us have been in full time employment the entire time.

me and my husband remain on very good terms and he said he will help me by giving me his ID, confirmations of employment etc to send for my visa.. ive read in some previous treads that , as we are not divorced yet, i can still apply as family member for permanent residence, under condition we were together for at least 3 years and we are both in full time employment .
if this is correct - could you tell me if i should state on the form(when applying) that we are currently separated but not divorced - as i can prove that we lived together and were in genuine relationship for 4 years, but cant prove we lived together since september 2014?
will i be having issues with getting my PR coz of the fact that we are no longer together but remain married?
thanks in advance
natalia

Suggest you are still married unless legally separated in some way.
fyi - under EU law, even married couples do not have to be co-habiting.

If your spouse has been a qualified person exercising treaty rights since 2009 then both spouse/sponsor and you may well have acquired PR as early as 2014.

That is assuming:
WRS registration was complied with, fully and properly, (as sponsor is an A8 national);
both parties' absences from UK, if any, were kept within prescribed limits;


The fact you now happen to live apart should not be a show stopper, especially since you may have had PR since around 2014.

[natalied1986]

Thank you for ur answer. Actually my 5year visa expires end of June, firstly I got on 6 months and then on 5years so I'm sending my application beggining of June.
We are not legally separated.
When I was going thru the application there were questions like if we do not leave together I had to state why also if we are still in contact to prove that, which I can't prove we are romantically involved any longer. I'm just not sure if I should put that on application.
Yes he's got wrs registration completed in full, still has kept all the payslips.

[noajthan]

Thank you for ur answer. Actually my 5year visa expires end of June, firstly I got on 6 months and then on 5years so I'm sending my application beggining of June.
We are not legally separated.
When I was going thru the application there were questions like if we do not leave together I had to state why also if we are still in contact to prove that, which I can't prove we are romantically involved any longer. I'm just not sure if I should put that on application.
Yes he's got wrs registration completed in full, still has kept all the payslips.

So your status is: married.
It helps that you have WRS documents in order.

The dates on a RC don't mean much.
After all, someone holding a UK RC might have divorced or left the country (etc) so it would have become null and void.

Apply for confirmation of PR when you think you have acquired PR, not necessarily when RC expires.
You may have had PR as early as 2014 (eg before current life-challenges).

Whenever you qualified you will need good documentary supporting evidence to back your case

fyi - the current UK PR application form gathers a lot of information over and above what is required by EU law.
You don't have to use the latest application form (it's not mandatory nor a legal requirement to do so);
there are earlier (simpler) versions available.

[natalied1986]

thank you so much - guess I should off checked long time ago the dates and could off sort this out while we were still together!
thanks again

[natalied1986]

Thank you for ur answer. Actually my 5year visa expires end of June, firstly I got on 6 months and then on 5years so I'm sending my application beggining of June.
We are not legally separated.
When I was going thru the application there were questions like if we do not leave together I had to state why also if we are still in contact to prove that, which I can't prove we are romantically involved any longer. I'm just not sure if I should put that on application.
Yes he's got wrs registration completed in full, still has kept all the payslips.

So your status is: married.
It helps that you have WRS documents in order.

The dates on a RC don't mean much.
After all, someone holding a UK RC might have divorced or left the country (etc) so it would have become null and void.

Apply for confirmation of PR when you think you have acquired PR, not necessarily when RC expires.
You may have had PR as early as 2014 (eg before current life-challenges).

Whenever you qualified you will need good documentary supporting evidence to back your case

fyi - the current UK PR application form gathers a lot of information over and above what is required by EU law.
You don't have to use the latest application form (it's not mandatory nor a legal requirement to do so);
there are earlier (simpler) versions available.

hi, I cant seem to find anywhere on the internet the old application form! have you got any link you could send me?

[noajthan]

...

hi, I cant seem to find anywhere on the internet the old application form! have you got any link you could send me?

Here is one:
http://webarchive.nationalarchives.gov. ... /eea41.pdf

Note: add in the biometrics page from the latest PR form as you are a non-EEA applicant.

Also crosscheck the address & latest fee (from latest form).