Urgent separation and divorce case

[JUSTINYK]

Good afternoon,
I hope you are all well.

I am lost and I am seeking an advice .
I got married on July 2013 with EEA national and came to UK in November 2013.
I got EEA2 on May 2014 valid until 2019.
Everything was fine until problems started to cumulate and was a really hard to stay even under the roof cause of that .
We not living together since 1 year more less .
Things now got worst and I lost even contact with my spouse .
I was bad she was worst what ever things went even worst .

My questions is :

1- what is my legal situation now as we are separate and not divorced yet ?

2- we have been more than 3 years married , I'm full time employee and never had a criminal record , she still in UK working but she doesn't want to help with anything or even contact . ( for the moment at least cause she's a bit unstable due to all this problems ). Do I qualify for right retention automatically?

3- what is the best way to apply for residence or retention , is it better to hire a lawyer ? Cause I don't want to have problems with my job or Home Office .

4- if I want to travel , it is problem that we are separate ? Will they detain me or investigate or what ever ?

5- to qualify for right of retention , do I need to exercise treaty rights the same as an EEA national or according to UK regulation which 35k a year salary and all of that ?

I would appreciate all your advices !
I am deeply sad and my heart is broken and it's not helping to think about all of this . It kills me that cause someone wouldn't have any problems or things to go thru , just stop contact and do not care. But anyway I'm sure there a way to sort out this .

Thank you very much in advance I'm waiting

[noajthan]

Good afternoon,
I hope you are all well.

...

My questions is :

1- what is my legal situation now as we are separate and not divorced yet ?

2- we have been more than 3 years married , I'm full time employee and never had a criminal record , she still in UK working but she doesn't want to help with anything or even contact . ( for the moment at least cause she's a bit unstable due to all this problems ). Do I qualify for right retention automatically?

3- what is the best way to apply for residence or retention , is it better to hire a lawyer ? Cause I don't want to have problems with my job or Home Office .

4- if I want to travel , it is problem that we are separate ? Will they detain me or investigate or what ever ?

5- to qualify for right of retention , do I need to exercise treaty rights the same as an EEA national or according to UK regulation which 35k a year salary and all of that ?

I would appreciate all your advices !
I am deeply sad and my heart is broken and it's not helping to think about all of this . It kills me that cause someone wouldn't have any problems or things to go thru , just stop contact and do not care. But anyway I'm sure there a way to sort out this .

Thank you very much in advance I'm waiting

1) In EU migration context you are still married.

2) ROR is automatic if you meet requirements. You need to apply for confirmation of that status if you want/need it.

There are ways and means to request HO to extract information about an estranged sponsor.

3) Go for ROR.
You won't acquire PR (via your sponsor) until 2018 even if you remain married.

4) Detain for what reason?

5) UK regs don't apply here; follow EEA regs.

[JUSTINYK]

Good afternoon,
I hope you are all well.

I am lost and I am seeking an advice .
I got married on July 2013 with EEA national and came to UK in November 2013.
I got EEA2 on May 2014 valid until 2019.
Everything was fine until problems started to cumulate and was a really hard to stay even under the roof cause of that .
We not living together since 1 year more less .
Things now got worst and I lost even contact with my spouse .
I was bad she was worst what ever things went even worst .

My questions is :

1- what is my legal situation now as we are separate and not divorced yet ?

2- we have been more than 3 years married , I'm full time employee and never had a criminal record , she still in UK working but she doesn't want to help with anything or even contact . ( for the moment at least cause she's a bit unstable due to all this problems ). Do I qualify for right retention automatically?

3- what is the best way to apply for residence or retention , is it better to hire a lawyer ? Cause I don't want to have problems with my job or Home Office .

4- if I want to travel , it is problem that we are separate ? Will they detain me or investigate or what ever ?

5- to qualify for right of retention , do I need to exercise treaty rights the same as an EEA national or according to UK regulation which 35k a year salary and all of that ?

I would appreciate all your advices !
I am deeply sad and my heart is broken and it's not helping to think about all of this . It kills me that cause someone wouldn't have any problems or things to go thru , just stop contact and do not care. But anyway I'm sure there a way to sort out this .

Thank you very much in advance I'm waiting

1) In EU migration context you are still married.

2) ROR is automatic if you meet requirements. You need to apply for confirmation of that status if you want/need it.

There are ways and means to request HO to extract information about an estranged sponsor.

3) Go for ROR.
You won't acquire PR (via your sponsor) until 2018 even if you remain married.

4) Detain for what reason?

5) UK regs don't apply here; follow EEA regs.

Thank you so much for your quick an clear answer !

So even I'm separate from my EEA national spouse I'm still legally maintaining my EEA2 residence permit ? Even if she calls the Home Office and says we not together anymore ?

And how I can apply for ROR if she's not willing to help at all ......

[noajthan]

Thank you so much for your quick an clear answer !

So even I'm separate from my EEA national spouse I'm still legally maintaining my EEA2 residence permit ? Even if she calls the Home Office and says we not together anymore ?

And how I can apply for ROR if she's not willing to help at all ......

No worries, its not good to feel lost and alone. We can't have that.

Yes, at the moment you are still married under EU law in the context of EU migration.

See HO guidance on vital questions around ROR:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- ref page 31+ regarding question of documentation from an estranged partner

[secret.simon]

Points 18 to 20 of the Diatta judgment apply pretty much exactly to your circumstance.

To sum it up, you can live anywhere in the UK separately from your EEA spouse, so long as you are not divorced and s/he does not leave the UK permanently.

[JUSTINYK]

Thank you all !

So as far as I understood , in all cases I'm still having my normal right here ( not matter what ,even if we separated and no longer together as couple ) the EU rules still apply .

Until divorce will begin officially I can leave everything as it is .
Then apply for ROR later is it ?

I hope that she will collaborate at least and we found common ground for peaceful divorce cause I can't take it more .
....

I do apologise for asking too much and repeating some point but I don't know what I'm doing or where to start , it's unexpected ..