Retaining right to reside after separation (not divorce)

[Lisa00]

Hi everyone,

I am a EU citizen married to non EU citizen since November 2008.
We want to separate fairly soon, but we would avoid the divorce if possible and also would remain in the same house (at least for a while) due to financial difficulties.

Based on the info below, would you be able to tell me whether you foresee any problems re him retaining his right to reside in UK if we were to separate legally this year:

- He's on a 5 yrs spouse visa that expires in 2014 (visa obtained in 2009)
- I have been excercising treaty rights since 2007 in UK and in a permanent job (still in the same job but not sure anymore whether I will be staying in UK after we separate)
- He's always been working although his job is not permanent and doesn't have payslips for all places he's worked at.
- Prior to marrying me, he was on a temporary stay status, as asylum seeker application has been rejected.


Also, please:
- when is he supposed to tell HO that we've separated? I would assume this is when we actually get the separation deed document?
- Is there any difference in terms of separation / marriage? Does separation count as divorce? I wasn't too sure from the "chapter 5" on residence card application document (it mentions only divorce/dissolution)
- I am assuming he can stay at least till 2014 in UK or is there any reason or way they can revoke his visa?
- Can he apply for PR in 2014? (considering the separation and the fact that before he was a person that was technically only temporarily allowed in UK)


many thanks,
Lisa

[vinny]

Duplicate post.