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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7664
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I am a Polish national. I married a Peruvian non EEA national.

Customer Question

Hi, I am a Polish national. I married a Peruvian non EEA national. We have been together for 5 years, married for 3 years and living together in the UK for almost 3 years. My wife is here on a 5 year EEA permit. We are thinking of taking a break - some kind of separation, all I really want is to just move out for now. Do I have to let Uk Border Agency know? We are not getting divorced yet. If we get back together I won't be able to prove that we constantly lived together, can she still renew the visa if we get back together? Thank you for your help.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Thanks for your question.

Basically, you won't get in too much trouble if you don't advise them that you separate. Just claim that you did not know your responsibilities.

If you have been married for three years and have lived together for one year in the UK when married then even if you divorce she will be able to stay here. If and when the divorce petition is issued she would have to apply to retain her treaty rights.

Information on this is contained at 7.1 on page the following link:-

You will see that she appears to be eligible. If a divroce petition is issued then she should do this. She will then be able to stay until she reaches 5 years in the UK so that she can then apply for Permanent Residence so that she can stay permanently in the UK.

Kind regards,