travelling back to country origin

[theoddy]

i am a filipino and married to a dutch nationals, i have a visa as a family member of an eea? i just want to ask if ill go to my country for a holiday does the immigration require my partner to travel with me back to uk?
My partner is not travelling with me to the philippines.

Many thanks

[noajthan]

i am a filipino and married to a dutch nationals, i have a visa as a family member of an eea? i just want to ask if ill go to my country for a holiday does the immigration require my partner to travel with me back to uk?
My partner is not travelling with me to the philippines.

Many thanks

I assume you mean you have a RC as EEA FM; if so its not a 'visa'.

No, you may travel alone.
Make sure sponsor is available and contactable on your return to UK.

On arrival, you may be questioned about your status and your sponsor, including their whereabouts and about sponsor's activity in UK.
You should not fill in a UK landing card. UK IO should not stamp your passport.

It would simplify matters if sponsor was in UK at that time too; (big bunch of flowers at airport is optional).

[theoddy]

thanks for your reply, at the moment my partner is living in the philippines for almost 3 years now, and were not in good terms. will i be denied entry if i'll go home to the philippines? or i need to comeback with my partner here in the uk? can i not just present them a ticket flight of my partner?

And one thing more, i've been in this country for more than 10 yrs. am i entittled to apply to a long residency visa?

thanks very much

[noajthan]

thanks for your reply, at the moment my partner is living in the philippines for almost 3 years now, and were not in good terms. will i be denied entry if i'll go home to the philippines? or i need to comeback with my partner here in the uk? can i not just present them a ticket flight of my partner?

And one thing more, i've been in this country for more than 10 yrs. am i entittled to apply to a long residency visa?

thanks very much

Hmm, there's evidently more to this than meets the eye.
I had assumed you had a valid RC; it appears you do not.
If really in UK on EU route then its unclear why have you not acquired PR already unless spouse/sponsor has an erratic or invalid history in UK.

If you do have settled status in UK the whereabouts of partner is immaterial.

However, if your partner is not living in UK anymore (and you have not acquired PR / settled status) then you have no right at all to reside or work in UK.
If you leave UK in such circumstances you may not (and should not) get back into the country.

If gone for more than 2 years your partner will also have lost any settled status he may have previously acquired in UK too.

And no, you can't present some airline ticket and pretend your partner is either with you or in UK - that kind of deception leads to a world of pain.
If travelling alone you will be most likely to be asked where he is anyway as well as to give proof of his status (in UK) and your relationship.

[CR001]

And one thing more, i've been in this country for more than 10 yrs. am i entittled to apply to a long residency visa?

Not sure what your full UK immigration history is, but in relation to the above, no you can't as you have to provide evidence of the EU partner exercising treaty rights for the full duration of the time you are claiming 'legal stay' under the EEA route. Obviously not possible if your partner has not been living in the UK for the past 3 years.

[theoddy]

if i will be travelling with him in coming back here, it wont be any problem?

[noajthan]

if i will be travelling with him in coming back here, it wont be any problem?

With no partner in UK neither of you have any current rights in UK.
Something fishy here.
Is this person your partner or not?
Is he travelling simply to get you back into UK for some reason?

[theoddy]

he is my partner, we live together for 4 years got married 2011, he decided to go to the philippines for a holiday in 2014 and he decided to stay there for quite sometime. and until now he's still in the philippines. Now he decided to come back here in UK, he's a dutch nationals.

Thanks

[Noetic]

he is my partner, we live together for 4 years got married 2011, he decided to go to the philippines for a holiday in 2014 and he decided to stay there for quite sometime. and until now he's still in the philippines. Now he decided to come back here in UK, he's a dutch nationals.

Thanks

Through his 2+ year absence he - and you - have lost your entitlement to reside in the UK and his PR if he previously had it.

The only legal option is to start both your PR clocks again from scratch and re apply for a card for you.

[theoddy]

so if i'll gonna go to the philippines can we comeback together?

[noajthan]

so if i'll gonna go to the philippines can we comeback together?

Yes.
And if your RC is revoked you will need proof of relationship and sponsor's EU status.

Admittedly it is more fun in the Philippines but hubby has blown his PR (and any option for naturalisation for now);
- there is unlikely to be time for him (and you) to reacquire PR now (with Brexit looming).

However it may be worth you checking if you had previously acquired PR.
If you had acquired PR as a family dependent before hubby left UK and you have not enjoyed prolonged absences since then then at least your PR status will be intact.
This will help you if you have any ambitions for citizenship.

[theoddy]

i haven't acquired PR before he left, I just have the visa as a family member of an eea. So when I go back to philippines and i will be coming back with my husband and we have a proof of a like our marriage certificate, they will let us in? I dont know if my Visa has been revoke, How would i know if my visa has been revoke? does the immigration has a record for that?

[Maple1]

i haven't acquired PR before he left, I just have the visa as a family member of an eea. So when I go back to philippines and i will be coming back with my husband and we have a proof of a like our marriage certificate, they will let us in? I dont know if my Visa has been revoke, How would i know if my visa has been revoke? does the immigration has a record for that?

Hi theoddy,

I've sent you an PM in your inbox regarding your situation.

Hopefully some one on the board is able to provide you answers to your question and alternatives.

[CR001]

i haven't acquired PR before he left, I just have the visa as a family member of an eea. So when I go back to philippines and i will be coming back with my husband and we have a proof of a like our marriage certificate, they will let us in? I dont know if my Visa has been revoke, How would i know if my visa has been revoke? does the immigration has a record for that?

Hi theoddy,

I've sent you an PM in your inbox regarding your situation.

Hopefully some one on the board is able to provide you answers to your question and alternatives.

Neither you or theoddy have access to the PM yet. Asking members for the contact details or sending yours via unsolicited PM will result in PM function permanently being disabled.

Kindly also refrain from posting in any other language. The language medium of the forum is English.

[theoddy]

dear maple 1

it says there i am not allowed to use the message feature. So cant read what you send.

[noajthan]

dear maple 1

it says there i am not allowed to use the message feature. So cant read what you send.

Members have to earn privilege to use PM.
http://www.immigrationboards.com/announ ... 99998.html

Post in public so all may benefit, validate, contribute.

[noajthan]

i haven't acquired PR before he left, I just have the visa as a family member of an eea. So when I go back to philippines and i will be coming back with my husband and we have a proof of a like our marriage certificate, they will let us in? I dont know if my Visa has been revoke, How would i know if my visa has been revoke? does the immigration has a record for that?

You don't actually have a visa you have RC.
The IO (at border) should be able to determine your status and the status of the RC (and/or amend that status as may be necessary).

[Maple1]

i haven't acquired PR before he left, I just have the visa as a family member of an eea. So when I go back to philippines and i will be coming back with my husband and we have a proof of a like our marriage certificate, they will let us in? I dont know if my Visa has been revoke, How would i know if my visa has been revoke? does the immigration has a record for that?

You don't actually have a visa you have RC.
The IO (at border) should be able to determine your status and the status of the RC (and/or amend that status as may be necessary).

Your RC (not visa) has already been revoked since your husband is not in UK. Are you in need to travel to PH now?