"Overstaying" on a possible Retention of right of

[Ale13]

Hi there!

Before anything, thanks in advance for reading and your response.

A bit of background: I’ve been in the UK for over 10 years actually still kind of relying on my second family permit, which expires in December 2013. I have been advised recently by a reputable solicitor (which I could not afford!) that I may be eligible to retain my right of residence after divorce. I believe this is not possible following on from previous answers from senior members of this forum as well as reading many other threads, I believe I lost my right of residence because my ex-wife left the country before the divorce was granted.

However circumstances have changed - both myself and my current wife (British) are planning on moving abroad. We have our resident visas for the country we are moving too and we are planning on leaving the UK as soon as we sell our flat – which could be within 1 month or 6 months.

My questions:
What could happen if I overstay in the UK? In the airport when leaving? Etc?

and/or

Is there any way that I could apply for my right of residence/permanent residence without sending my passport? The last time I applied for my family permit the home office retained my passport for 14 months – I don’t really want this to happen again now that we are planning on moving abroad; even though I doubt I would get the retention of rights at the end.
Basically, my intentions are not to try to get any kind of retention/residence for the UK, but I would like to not have any kind of problem when leaving, with my current job and if possible, try to leave on good terms, for who knows, comeback here on holidays in the future.

I hope you can help!
Thanks a lot!!

[vinny]

I don't think that you will have a problem leaving the UK with expired leave. However, you may be subject to a re-entry ban if you overstay over 90 days.

Note that, overstayers have no right to work.