Spouse to parent ILR

[Eric24]

Hi
This might sound naive but as am just not sure what route to take.
My situation is I am currently on a 5yr spouse visa which will be completed end of March, my partner is British and we are currently separated but not divorced but we live apart and we have 3 children who are also British.
My question is will I qualify for ILR on the 5yr spouse route even though we are separated but not divorced or can I apply for ILR as a parent.
Alternatively do I start afresh 5yr parent route to settlement.
Any advice would be highly appreciated.

[Casa]

Hi
This might sound naive but as am just not sure what route to take.
My situation is I am currently on a 5yr spouse visa which will be completed end of March, my partner is British and we are currently separated but not divorced but we live apart and we have 3 children who are also British.
My question is will I qualify for ILR on the 5yr spouse route even though we are separated but not divorced or can I apply for ILR as a parent.
Alternatively do I start afresh 5yr parent route to settlement.
Any advice would be highly appreciated.

You won't qualify for ILR as a spouse if your relationship is no longer subsisting. Neither will you qualify for ILR as a parent. You can however apply for further leave to remain under the FLR(FP) Parent route. This will put you on a new 10 year route to ILR.

If you are granted a visa under FLR(FP), you should be able to apply for ILR once you reach 10 years of legal residence with a combination of visa categories.