Separation from partner; trouble getting PR?

[mirarani]

Hello every one,

thanks for taking your time and reading this. I was wondering if anyone could help me with this.

My EEA national family permit expires in september 2012 and I have been married with my EEA national partner for over 3 years and lived together for same time but now we have separated. both working during that time. Just wondering if our separation will stop me from having a PR stamp?
Also if im elligible, when is the right time to apply for PR? my partner has been exercising treaty right for 5 years now, can I apply now?
Although my partner has been working throughout, but also claimed benefit such as WTC, HB etc but working part time at the same time, would that affect my aplication?

many thanks!

[Wanderer]

Hello every one,

thanks for taking your time and reading this. I was wondering if anyone could help me with this.

My EEA national family permit expires in september 2012 and I have been married with my EEA national partner for over 3 years and lived together for same time but now we have separated. both working during that time. Just wondering if our separation will stop me from having a PR stamp?
Also if im elligible, when is the right time to apply for PR? my partner has been exercising treaty right for 5 years now, can I apply now?
Although my partner has been working throughout, but also claimed benefit such as WTC, HB etc but working part time at the same time, would that affect my aplication?

many thanks!

I think if u divorce u can apply then but u will need ur partners co-operation, ie evidence of exercising treaty rights.

Worst case scenario for u is if ur partner leaves the UK whilst ur still married, then I think u'd have to leave too.

[mirarani]

thanks for your reply!
my partner is very suporting therefore i shouldnt have any problem.
but i heard if you partner has exercised their treaty rights for 5 years, their non-eea national parners are elligible to apply for PR even if their residence card for 5 years still hasnt expired. how much of that is true? myself, I married in 2006 and got residence card in 2007 and it expires in 2012 but have been here in the UK for last 5 years (previous status student)
any suggestions would be much appreciated!

[mirarani]

also, I am not working at the moment for almost a year as i am studying at university. would there be a problem if i apply for PR?
cheers!

[datuchi]

Hey, u need to have been living in accordance with the regulations for 5 years. Ur husband and yourself are treated separately. The thing u have heard about is, if u yourseld were an EU national and were your husband's dependant, he would include you in his application for PR.

As regards you being a student, it is no problem at all while u r msrried, but as soon as u get the decree absolute, make sure u o tain health insurance i. Order to retain your right of residence on your own.

thanks for your reply!
my partner is very suporting therefore i shouldnt have any problem.
but i heard if you partner has exercised their treaty rights for 5 years, their non-eea national parners are elligible to apply for PR even if their residence card for 5 years still hasnt expired. how much of that is true? myself, I married in 2006 and got residence card in 2007 and it expires in 2012 but have been here in the UK for last 5 years (previous status student)
any suggestions would be much appreciated!