hi guys,
i've read quite few things on the subject but here is my situation in brief:

married for 3.4 years, EEA2 RP expires in 2011
EEA person still in the uk and been working throughout the marriage
now separated, we started living in different homes


we dont really want to divorce just yet as the separation is more of a break period

i was under the impression that the home office would want to know if we separate, is that correct or do they only need to know if we get divorced?

is there a period that i have to wait before informing the HO of the separation because as you can immagine what if we get back together in 6 month time?

can i retain my rights if we are just separated but do not want to divorce?

any answer would be much appreciated

 

hi ManU, thanks for the swift answer, it is all so confusing... i was just thinking that if i dont inform them and then comes 5 years what am i going to apply for especially if we are still married but separated (not living in the same home)?

 

it absolutely make sense, i think you have to have a lawyer's mind to understand these regulations, what i understood (having a simple mind) from the regulation is that the 5 years rule only apply when you are under uk rule, EEA 2 & 4 are european laws, so the 5 year rule would only be considered under their discretion.

 

the part i wasnt sure about is the separation without the divorce, if we divorce lets say next month (at least start the process) i thought the law is pretty clear about this.
have you heard of any people that had trouble i can refer to, i know people had trouble proving EEA Treaty right of their spouse because of a nasty breakup but i have already accumulated everything for the last three years just in case.

i'd appreciate if you can clarify this as there doesnt seem to be many people who are in the same situation as me.