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Hello All,

I got married in mid of 2013 and got my EEA RP in OCT 2013
I moved to my sponsor's home country in mainland Europe on 1st Jan of 2016, so i have been absent from UK for like more than 5 months so far, things didn't worked out that well as i had expected, unfortunately.

I am thinking to move back to UK again,

it's been already 3 years since we got married (as of today) as per marriage certificate,

Would i have any legal right to go back and continue to live in UK on my EEA Resident Permit
and
What if i or she initiates for a divorce after that
and
Would i be able to apply for Retained residence.

Please enlighten me, if anyone can.

Thanks

If she does not return back wit you to the Uk, then it is unlikely that you can retain right of residence.

However you may be able to rely on Surinder Sungh in her Home Country.

can you please explain Surinder Singh.

See towards the bottom of the FAQ

secret.simon wrote:See towards the bottom of the FAQ

I am sorry for being so dumb but I didn't notice any rules/law in surinder Singh reference, which would apply on me as it only states about experience of British Citizen residing in EUROPE.

Italian law states that I can apply for citizenship 3 years after getting married, if living abroad
And
After 2 years, if living in Italy.

In my case, it's 30 months in UK and 6 months in Italy and in Italy I still haven't received my Resident Card ( Carta di Soggiorno, in process still).

Marriage was registered in UK 30 MONTHS ago and in Italy 6 months ago only.

Do I qualify for 3 years rule to apply for citizenship, I consulted withe a local lawyer but ironically he didn't had any idea about it.

chdkp wrote:Hello All,

I got married in mid of 2013 and got my EEA RP in OCT 2013
I moved to my sponsor's home country in mainland Europe on 1st Jan of 2016, so i have been absent from UK for like more than 5 months so far, things didn't worked out that well as i had expected, unfortunately.

I am thinking to move back to UK again,
...

Thanks

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