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Travel on EEA Residence card - While separated
Posted: Tue Nov 06, 2018 6:58 pm
by Emmet
I am an Australian national. I've been on an EEA residence card for the past 3 years approximately, on the basis of marriage to my EU spouse. The marriage was around 4.5 years ago. We are unfortunately now separated, in the process of divorce, and my spouse has actually left the UK. I am making my preparations to leave the UK also in the next few months, but I am wondering can I travel in this time?
I am supposed to go on a 1-day trip to Portugal for work next month, will I be allowed to re-enter the UK on my EEA residence card, despite the fact that I'm separated?
Re: Travel on EEA Residence card - While separated
Posted: Wed Nov 07, 2018 7:02 pm
by loaiuk
You can Retain your right of residence under EEA law ( if you want to do that )
https://www.gov.uk/family-permit/retain ... -residence
To be honest unless you or your EEA family member tell home office there is no way UK immigration officer will know he/she left the U.K.
You can travel freely outside the U.K. and come back . When in the U.K.; border force officer may ask you where is your EEA national and is she / he working in the U.K.
You can tell them currently she is outside the U.K. for very short holiday but will come back to the U.K. soon
I am also separated from my ex wife for very long time and I travelled outside the U.K. 8/9 times alone ( sometimes they didn’t ask anything and sometimes they just ask where is my wife )
But I advise you to carry your marriage certificate / her most recent payslip if she was working and your most recent payslip
Re: Travel on EEA Residence card - While separated
Posted: Fri Nov 09, 2018 1:32 pm
by Emmet
Thank you Ioaiuk, that is a really helpful post.
To be honest unless you or your EEA family member tell home office there is no way UK immigration officer will know he/she left the U.K.
I am curious, considering that they are UK immigration, would they not have the information that my spouse has left the UK? Would they have information that we are legally separated and a divorce is underway?