non-EEA partner of EEA national after seperation

[perilomo]

Hello all,

Firstly I would like to apologize if a similar case to mine has already been answered, but I have been using search and have not found an answer.

I find my case to be very sad and somewhat unusual, and I am at a total loss right now as to what will be my fate and what should be done.

I have married to an EEA national (Polish) about 4 years ago, and we have both fought really hard to get me the EEA family permit and the 5 year residence card following that. For the past 4 years we have lived happily together and nothing seemed to be the problem, however only very recently my partner have announced that they do not love me anymore (Out of nowhere) and that we better split. They have told me that they still care for me and would really love me to be able to stay here and continue my life unhindered as they feel responsible for it, and as such would not file papers for divorce so that I can apply for a permanent residence card/naturalization next year in September (5 years since I moved in here).

That is something that I would in fact really want, but I am not sure how my particular situation will be looked over by the home office. Most importantly, I will have to move out and live on my own now... And I am not sure how home office will look at the fact that I will be paying council tax from a different address.

I am fully employed and have been paying taxes and bills and have never claimed benefits (Nor I am planning to) and am fully capable of paying for myself. My partner (Well ex partner now) is planning to keep paying my insurance (As we have insurance for both) - And worst case scenario I am capable of paying it myself... But I dread doing anything because we are not technically together anymore and I really don't want it to look like a sham marriage (As it was not... At least not for the first 4 years of our life together)

To be fair, I don't even know what I am asking here... I just hope for some guidance as to how can I stay living in the UK and moving on with my life here?

Thanks in advance to any response... Even the harsher ones if there would be any...

[Obie]

How is she exercising treaty rights at present.

[perilomo]

She is a Phd student in the local university and has been living in the UK for over 10 years.

She is planning to be applying for a permanent residence card at some point - But I am in no position to push her for that anymore

[Obie]

The fact that she has been living here for 10 years does not mean she has permanent Residence.

If she was a student, did she have medical insurance covering you and her over the relevant period, and was there sufficient resource for you and her aswell.

If there was not, or there was any break in the 5 years, then neither of you will qualify.

[perilomo]

Hi Obie,

Thanks for the response. We have gotten the family permit and when getting my current residence card (The 5 year one) It has been first declined as we have not had medical insurance.

Since it has been rectified and we are paying for it for over 4 years now. Also - I have been employed for over 3 years now and have a stable income with which we have been paying rent and bills etc... (Including council tax and what not). She is also as a Phd student getting a sort of salary (Though I am not sure how exactly it is called) so she is self sufficient as well, and it shall stay that way for the next 2 years at least.

She has finished school in the UK, and a matter of applying for residence simply have been a matter of her procrastination. I am fairly certain she is eligible however, especially that her parents still live here fully employed etc...

To be honest, I am more concerned about my current position as despite being married - we essentially have separated... And I am worried that registering under a different address etc will make my process of getting a citizenship or permanent residence documents hindered in any way....

In general - I am not sure what I should do now to be able to stay to live and work in the UK to begin with

[Obie]

Probably proceed with divorce if your marriage has irretrievably broken.

[perilomo]

Alright... But how will it affect my eligibility to stay?

[aarshad01]

proceed with the divorce ASAP, as its no point of dragging. if you both are not looking to live together again. separation doesn't effect your status as long as she is excersing treaty right.
you have completed 3 years of relationship with her in UK, all you need now is prof of her treaty right during your divorce proceeding and may need some proof before as well and you can apply for Retain Right of residence - and im sure by the time you do all this you will be illegible for PR - after completing youre total five years!