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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7882
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Thomas, How are you? I have a query, I need help and

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Hi Thomas,
How are you? I have a query, I need help and more advice about my status.
I will soon apply for ILR but as you know I mentioned before I have 5years residents card, nearly 2years now I'm living in my place and I have a good relation with my wife and I do helping her with the children. We still married and she has agreed to help.
My question is what should I have to do when the time come to apply? I am worried about the addresses.
Hi, Thanks for your question. What visa do you hold?Do you mean that you are not living with your wife?Tom
Customer: replied 2 years ago.
Family members of EEA Yes, nearly 2years
Hi Thank you for your question and patience, I’m Tom and I’ll try to help you.If you are separated and no longer in a loving relationship then the home office would reject the application. If you are not living in the same accommodation then they will likely take this as proof that you are not in a loving relationship with your wife and would likely reject the application.If you can reconcile your relationship and return to living with your wife before you can apply then you would probably just about be okay. If you cannot then I’m afraid that your application would be rejected.One option would be to apply to retain your treaty rights in the event of divorce. You can do this if you have been married for more than 3 years and lived at least one year in the UK together at the date divorce proceedings are commenced.So, if divorce proceedings where commenced then you could apply to retain your treaty rights immediately so that your residence card would be re-issued to you and once you reach having been in the UK for 5 years from the date you switch to your current residence card then you could apply for permanent residence. My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question. Kind regards,Tom
Customer: replied 2 years ago.
But we have got 2children.
Yes, and that would give you a further option if you were not eligible to retain your treaty rights but it is much more complicated because it would not be based on EEA rules and would be based on visa rules. You would also have to obtain a court order granting you contact with the children. The easiest was forward is either (1) reconcile with your wife and live in the address or (2) to commence divorce proceedings and to apply to retain your treaty rights at the same time. Please do remember to leave feedback>Tom
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Customer: replied 2 years ago.
Thank you Thomas it's always excellent having advice from you.
Many thanks.
You're welcome. Good luckTom