EU family member deported from the airport

Hello,

I am Pakistani national and married to Poland national and granted visa in 2012, later 2016 I went on holiday to pakistan, when I came back border force asked me , my wife job related questions, that day when I came back I was depressed because my father passed away few weeks before coming back to uk and I didn't remember how long she worked, me and my wife stayed together more than a year and half later she started going out with someone else but the marriage wasn't ended legally till now, when they deported me i was more under stress because it was all just changed quickly I agreed to back, but now i found out that under the eu law if you married to someone more than 3 years and have living proof for 1 year, you can apply for the directive rights residency, please someone help me with this Thankyoh so much

Are you currently in the UK or abroad? Will you Polish spouse assist you with your application as you may need proof of certain documents from her.

You also have to prove that your marriage was genuine.

If you were married but she was with another man and you didn't live as a couple, it means for the Home Office that marriage was contracted for the purpose of immigration. That won't get you a retrained right.

secret.simon wrote: ↑

Wed Oct 07, 2020 9:48 am

Are you currently in the UK or abroad? Will you Polish spouse assist you with your application as you may need proof of certain documents from her.

I'm in pakistan now sir and she's with another man I don't think she will do it because when I was in pakistan she moved with out with him in 2016

Zerubbabel wrote: ↑

Wed Oct 07, 2020 10:50 am

You also have to prove that your marriage was genuine.

If you were married but she was with another man and you didn't live as a couple, it means for the Home Office that marriage was contracted for the purpose of immigration. That won't get you a retrained right.

We lived as a couple for more than year worked at same place and I have the living together proofs and marriage certificate and othe documents, but according the eu law I am entitled , it's been 4 years now when I was deported from the airport and after that I was mentally depressed been taking medications and stuff. But my life become so much difficut now and more stress , I had manager job in uk , at the airport the gave me letter and it doesn't really make sense because the only deported her number was incorrect that I gave them so must have changed it later and they asked me how long she worked there but she was on and off most of the times of theres anything I can do or apply for the visa under retained rights from here how they will assess my case would the deportation letter will affect or not as long as the eu rules apply it shouldnt be problem I need to know if that can work

So on the letter the reason of refusal they giving is that my spouse wasn't activate working or job seeker

Do you have the official divorce papers?

You can also only apply if you were in the UK at the time the divorce was granted.

https://www.gov.uk/family-permit/retain ... -residence

You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or

Happy you are doing better now.

You need to relax and get your data clear to see if there is an opportunity of retained right for you or not.

The UK doesn't put back in plane close family of EEA nationals. It's huge responsibility to take from airport immigration officials. They do it only if they are dead certain that it won't backfire against them.

You need to recall some objective elements:

- When did you marry?
- When did you get your EEA card?
- When did the divorce proceeding start?
- When was the divorce finalised?
- From when to when did you live in the UK?

These dates you need to remember and document with proofs. That's essential.

Other element. You said:

So on the letter the reason of refusal they giving is that my spouse wasn't activate working or job seeker

It means they don't believe your sponsor was a relevant EEA national. It means she wasn't exercising Treaty Right and as such she can't sponsor you. In other words, if your Polish wife was just living in the UK without doing anything, she won't be a valid sponsor for you. You need to show that she was working, studying, registered as a job seeker... etc.

Zerubbabel wrote: ↑

Wed Oct 07, 2020 3:31 pm

Happy you are doing better now.

You need to relax and get your data clear to see if there is an opportunity of retained right for you or not.

The UK doesn't put back in plane close family of EEA nationals. It's huge responsibility to take from airport immigration officials. They do it only if they are dead certain that it won't backfire against them.

You need to recall some objective elements:

- When did you marry?
- When did you get your EEA card?
- When did the divorce proceeding start?
- When was the divorce finalised?
- From when to when did you live in the UK?

These dates you need to remember and document with proofs. That's essential.

Other element. You said:

So on the letter the reason of refusal they giving is that my spouse wasn't activate working or job seeker

It means they don't believe your sponsor was a relevant EEA national. It means she wasn't exercising Treaty Right and as such she can't sponsor you. In other words, if your Polish wife was just living in the UK without doing anything, she won't be a valid sponsor for you. You need to show that she was working, studying, registered as a job seeker... etc.

Thankyou ,

So I married in 2011 and got my EEA family visa stamp in 2012 with no expiry date and the divorce procedure hasn't started yet but I dont know how to apply for as I'm back home I dont know what she did if she did anything or she working or not
,I lived in the uk from 2010 to 2016

So if she is currently working am I still entilteld to apply from here or not

CR001 wrote: ↑

Wed Oct 07, 2020 3:07 pm

Do you have the official divorce papers?

You can also only apply if you were in the UK at the time the divorce was granted.

https://www.gov.uk/family-permit/retain ... -residence

You can only apply if you were in the UK as the EEA national’s family member on the date the divorce was finalised or

Oh so no hope because they deported from the border

I dont know what she did if she did anything or she working or not

I see how you got deported from the UK :/

She is your wife. Do you know if she was working or not at the time?

It's not important what she is doing now. But the period where you were together, you should be crystal clear about what she was doing + you should be able to demonstrate it by documents. It means, she needs to help you at some point.

Hi. Your story is so sad. Why not you apply after 3 years when you were in UK any way it's too late. I really do not understand how they deport you from the airport without any appeal. I heard many cases like you but all of them got entry to UK and home office ask them to show more document. How many days they detain you. Do you sign willingly to be deported.

Zerubbabel wrote: ↑

Wed Oct 07, 2020 4:27 pm

I dont know what she did if she did anything or she working or not

I see how you got deported from the UK :/

She is your wife. Do you know if she was working or not at the time?

It's not important what she is doing now. But the period where you were together, you should be crystal clear about what she was doing + you should be able to demonstrate it by documents. It means, she needs to help you at some point.

Yeah she was my wife until she started talking to the guy same place we were working and then she started going out after 2 years marriage and then she worked with me same time first year she worked but later then she was on and off and sometimes leave because the guy left and when I went on holidays she moved out with guy permanently and stopped talking no communication, then asked for divorce but unfortunately my father got sick and I had to go back and when I came back border force started asking questions my mind wasn’t there as my father passed away and she moved out so I was left in the half way, so the border force took the opportunity to remove me and revoked my visa and told me you have to go back and I agreed I couldn’t take much my head was blowing out and I had to leave after so many years I was trying to get everything out of my head release all the stress and depression caused by situations, I realised I have lost everything I have no career nothing left, but I’m trying my best

Garry20g wrote: ↑

Wed Oct 07, 2020 4:58 pm

Hi. Your story is so sad. Why not you apply after 3 years when you were in UK any way it's too late. I really do not understand how they deport you from the airport without any appeal. I heard many cases like you but all of them got entry to UK and home office ask them to show more document. How many days they detain you. Do you sign willingly to be deported.

Hi thank you , I didn’t apply because I didn’t think things will change like this, on the letter they stated that my eu spouse wasn’t exercising treaty rights,working studying or job seeking, but she sometimes leave the job or come back but it was that time when she wasn’t working, they sent me back to Pakistan next day flight , yes I signed willingly to be deported because they were kept asking the same things over and over again, my mind was already tired and it wasn’t there they just wanted to remove me

You need to demonstrate with strong and irrefutable documents that:

- You were married
- She was exercising Treaty Rights in the UK during that time you were married
- You lived together in a genuine relationship

If you can't demonstrate that, there is no point thinking about this story. It's the past and that's it

Kajar wrote: ↑

Wed Oct 07, 2020 7:59 am

Hello,

I am Pakistani national and married to Poland national and granted visa in 2012, later 2016 I went on holiday to pakistan, when I came back border force asked me , my wife job related questions, that day when I came back I was depressed because my father passed away few weeks before coming back to uk and I didn't remember how long she worked, me and my wife stayed together more than a year and half later she started going out with someone else but the marriage wasn't ended legally till now, when they deported me i was more under stress because it was all just changed quickly I agreed to back, but now i found out that under the eu law if you married to someone more than 3 years and have living proof for 1 year, you can apply for the directive rights residency, please someone help me with this Thankyoh so much

Your case seems rather strange.

Officers cannot revoke a Residence Card at port, there is an in country right of appeal against revocation, and rwmoval.

I am of the view that you may well have been refused on the basis of Marriage of Convenience and the fact that your spouse no longer resides in the UK.

If my suspicion is correct, then there is little prospect of you succeeding under the settlement scheme, based on passed residence.

You should have challenged the decision and not waive your right to doing so.

Obie wrote: ↑

Wed Oct 07, 2020 10:44 pm

Kajar wrote: ↑

Wed Oct 07, 2020 7:59 am

Hello,

I am Pakistani national and married to Poland national and granted visa in 2012, later 2016 I went on holiday to pakistan, when I came back border force asked me , my wife job related questions, that day when I came back I was depressed because my father passed away few weeks before coming back to uk and I didn't remember how long she worked, me and my wife stayed together more than a year and half later she started going out with someone else but the marriage wasn't ended legally till now, when they deported me i was more under stress because it was all just changed quickly I agreed to back, but now i found out that under the eu law if you married to someone more than 3 years and have living proof for 1 year, you can apply for the directive rights residency, please someone help me with this Thankyoh so much

Your case seems rather strange.

Officers cannot revoke a Residence Card at port, there is an in country right of appeal against revocation, and rwmoval.

I am of the view that you may well have been refused on the basis of Marriage of Convenience and the fact that your spouse no longer resides in the UK.

If my suspicion is correct, then there is little prospect of you succeeding under the settlement scheme, based on passed residence.

You should have challenged the decision and not waive your right to doing so.

my spouse still resides in the uk and never left the uk and the city since then , i'm trying to get in contact again through her friend,when we applied for the family permit we worked at the same place and then she sometime didn't come for 15 days or week, but if she response back and how i will apply to come back and her friend told me that she wants divorce , if i come back here and get divorce and apply for the directive rights, i don't know my case is kinda confusing

OP was in UK as EU spouse...went back to Pakistan and on return Border Control realised that he and spouse were not together and had not been for ages...so OP was illegally utilising a residency card they were no longer entitled to use.
Border control didn't revoke his card, it was already invalid. And he wasn't deported, he was refused entry, totally different thing.

Anyway, its all years ago now, even if there was something to be done, there isn't any more.

That is not the law. Under EU law, border staff cannot revoke residence because the spouses do not live together, even if they plan to divorce later.

EU law does not permit that.

my case is kinda confusing

If it's kind confusing, just call it a day and try find happiness in your current life. I am reading your posts and I don't see who you can come back to the UK. I don't believe your marriage was genuine and if you present the situation to the authorities the way you presented on this forum, they will think the same. What transpires from your posts, correct me if I am wrong, is that you married with this lady for immigration purposes but you were unable to tell a straight story at Heathrow when confronted and that caused your deportation. If you didn't fight it at the time, I don't see how you can fight it now.

For me it seems that OP does not say exactly what/how it happened.


As at the time of the situation, he was married for 4 years and assume he was in pre-divorce state with his wife. Even if he said that in the Airport, I don’t know exactly the law but Obie said they legally can not refuse entry because a person is going to divorce/divorcing etc.

I am curious if a person is answering in such a case to the board officer, that he/she is going to divorce and that he/she is entitled to retained rights of residence. What officers can do? I think they can not just refuse entry (only in case when they know that the sponsor is not in the UK and is not going to come back(deported etc) but what if the sponsor has settled status? On what grounds they can refuse the entry?

I can not believe it is so arbitrary.

If they refuse in such cases, based on what grounds?

Once again Zerubable is the voice of reason. I don't think the OP is telling us everything, border control know their rights and responsibilities well, and would only have sent the OP back without thoroughly checking his story out, and being sure that their decision was the right one.

Deporting an EEA citizen or family of an EEA citizen is a big thing. It's not like cancelling a Tier 4 because the dude is working full or something like that. The decision is escalated and taken cautiously and at high hierarchical level. Because if they do the wrong thing, it can have serious repercussions.

My understanding, is they found out that the lady wasn't exercising Treaty Rights, the husband unable to provide her whereabouts or details. So, the entire story collapsed and he had to go home.

Obie wrote: ↑

Thu Oct 08, 2020 9:18 am

That is not the law. Under EU law, border staff cannot revoke residence because the spouses do not live together, even if they plan to divorce later.

EU law does not permit that.

they didn't revoke residence, they just didn't allow entry. And yes, EU law does permit that.

Zerubbabel wrote: ↑

Thu Oct 08, 2020 10:49 am

Deporting an EEA citizen or family of an EEA citizen is a big thing. It's not like cancelling a Tier 4 because the dude is working full or something like that. The decision is escalated and taken cautiously and at high hierarchical level. Because if they do the wrong thing, it can have serious repercussions.

My understanding, is they found out that the lady wasn't exercising Treaty Rights, the husband unable to provide her whereabouts or details. So, the entire story collapsed and he had to go home.

refusing entry and deporting are very different things.

Person had no basis for entry, therefore was denied entry. Not deported, not residence revoked, not permission cancelled. Just denied entry, which was not just perfectly legal and valid, but appears to be entirely warranted.