Retain residence by non-EEA national after EEA left UK

[annvdb]

I am a Belgian national, my soon to be ex husband is an Egyptian national. The marriage lasted over 3 years of which 1 year spent in the UK. I have permanently left the UK since 18 August 2010 and have not been exercising a treaty right since then. I have no intention to return to the UK. I have informed the UKBA of and the fact that I left the UK (I returned my residence documentation to the UKBA) and since then I have also informed them of the divorce proceedings (decree nisi granted on 8 February 2011). My ex has been granted 5 years residence in the UK at the end of November 2009 based on being married to an EU national.
Will my ex not be asked to leave the UK as I am no longer exercising any treaty rights in the UK & the marriage has broken down irretrievably (due to sexual assault and other abuse by him)? Furthermore, he is pleading poverty in the ancillary relief proceedings i.e. he claims he has no income. This seems to contradict with the requirement of being self-sufficient in order to retain his UK residence. I've written to UKBA on several occasions but they don't seem to take any notice.

[86ti]

If you have left the UK he can't stay under EEA regulations (unless he is a permanent resident which he is obviously not) whether he can support himself or not. The divorce would only make a difference if the proceedings had been finished (decree absolute) before your departure. But to retain the rights a non-EEA national would need the full support of the ex-spouse.

The UKBA may have different priorities at the moment.

[geriatrix]

Having adequately informed UKBA of the development(s) regarding your circumstances, you have done what what was expected / required of you.

It is up to UKBA to decide what should / must be done with regards to your ex-husband's permission to stay in the UK.


regards