Non-EEA Family member - Right of Residence

[Dan2012]

Hi There,

Hoping someone can help with my query.

I am a non-EEA family member. My wife is from France. We have been married for 6 years. We have been in the UK since July 2012. I have had my EEA family permit since March 2013.

We have decided to take a break in our relationship and she has recently gone back to France. There is no discussion at the moment of divorce. I am trying to work out if i retain my right of residence and if I don't what my options are.

Reading the regulations, in our situation, we have been married 3 years and had been in the UK together for longer than 12 months before she left and I am working full time and studying as well. These rules seem to be linked to divorce.

What about a separation, or just living apart for the time being? Is there a time period where the right to residence lapses? If my right to residence is lost because she is out of the country what does this actually mean in terms of staying in the UK e.g. my job, studies etc. What are the expectations of the Home Office in such a situation?

Sorry, for so many questions. Any help would be really appreciated.

Thanks,

[Lucapooka]

What type of treaty right did she pursue while in the UK?

[Dan2012]

Hi Lucapooka,

Thanks for your reply. Well, she lived and worked in the UK (until recently). She is also studying at an English university (by distance). She is still doing this. She has been out of the country for 2 months.

Thanks,

[vinny]

You may lose your rights, if she remains outside the UK and breaks her continuity of residence.

[Amber]

Do you have children? If so, are the children with you in the UK?

[Dan2012]

Hi,

No children. It seems I could get right of residence only if we got a divorce within a period of time - seems to be 6 months.

If you lose your right of residence what actually happens i.e. are you expected to advise the Home Office of your change in circumstances and then see if you are able to stay in the country on a different visa?

[vinny]

Unfortunately, it's unlikely that you will succeed in applying for further leave remain under the Immigration rules because you currently have no leave under the Immigration rules.