EEA3 TO EEA4

[clive]

Hi,

Could anyone please provide some clarification to my question?

I was married to my EU wife from Lithuania in May 2006 in the Uk, although we were living together since 2002 but just not married. I then applied for an EEA3 'permit' and was granted one in October 2006.

She came here in 2002 on a student visa but after her country entered the EU in 2004 she started exercising her EU rights and did not need to make any further visa applications for herself.

I am from a non EU country and have been here since 2001 and originally was on a student visa.

I am now currently soley in the Uk under the treaty rights of my wife as a "family member of an EU national".

1) According to my understanding of this document i can apply for an EEA4 permit after a period of 3 years even though EEA3 is valid for 5 years , is this correct ?

2) As our relationship has gone from bad to worse and the possibility of separation more likely, would i still be able to apply for the EEA4 if i was separated/divorced from her ?

3) IF the answer to my question is yes, how would i deal with the issue of having to include my partners documents when it comes to the application if we are separated as it would be very unlikely for her to supply me with them. Would the home office reject my application as i would not be able to provide my partners details?

4) If we were to separate at this point were do i stand with regards to having rights to stay in this country?

5) Is it worth applying for an EEA4 in general or just wait for my 5 years to run their course and apply then?

I would be very greatful if someone was to provide any nswer to my questions.