The efforts as well as unhappiness of a relationship mishap can be aggravated where the immigration status of one person is dependent upon the other or the former partner. Not with standing, this does not mean every time that the stay in the United Kingdom is ended and it is likely to go the own way. Even, you will not get EEA Permanent Residence.
The blog is dealing with the circumstances where the relationship between a non-EEA and EEA citizen broken down and the non-EEA spouse thought that they will not stay in the UK any more but the individual would like to live in the United Kingdom.
If the former spouse stays in the United Kingdom and still exercise all the treaty rights, then the former spouse of an EEA citizen, you will have the automatic right of residency and to live in the United Kingdom. However, it is sometimes not comfortable situation for an individual of having a status in the United Kingdom and dependent upon on a former spouse here.
You can file an application for ILR visa UK if you can live with your spouse in the UK for more than five years and both of you are continuously residing here in UK and exercising all the treaty rights for their period of five years.
You will have still a position where you can apply for a Retained right of Residency, provided yu have been a civil citizen or married with an EEA citizen for a period of three years. You live together with a minimum of twelve months in United Kingdom, before the commencement of procedure of divorce. The key fact here is that the procedure for divorce will be commenced in a situation where the EEA (European Economic Area) national stays in the country.
It is always an ideal situation to corporate with the former EEA spouse wherever it is possible for the ease of the process. There are some proof that will be find out in the form of tax or other payments in case, the former EEA national is working in the UK. Such information will not be disclosed easily as it is protected by the Data Protection Laws. An immigration judge of UK Visas and Immigration will conduct these checks in exceptional situations to determine the presence in the country.