EEA2: EEA partner leaving country

[tf128]

I am an unmarried partner of an EEA national. I hold a EEA2 res card with several years of valididty left.

My partner is leaving the country for France in order to work. He has no plans to return to the UK.

I assume if he leaves the UK - even if we are still in a relationship - that my EEA2 would no longer be valid as he would no longer be exercising his treaty rights in the country. Is this correct? I need this to show my employer that I would not be breaking my contract voluntarily.

If so I would be eternally grateful for an official source which states this because as strange as it seems I'm actually having difficulty finding one! All I've found is the page for divorce/break down of relationship.

Thank you so much,

[wegiwegi]

I think it is not possible, if you were married you would have the retain right of residence, I think that once the sponsor is not exercising his treaty rights in the UK, because he is leaving, then you can not stay.

[CR001]

I am an unmarried partner of an EEA national. I hold a EEA2 res card with several years of valididty left.

My partner is leaving the country for France in order to work. He has no plans to return to the UK.

I assume if he leaves the UK - even if we are still in a relationship - that my EEA2 would no longer be valid as he would no longer be exercising his treaty rights in the country. Is this correct? I need this to show my employer that I would not be breaking my contract voluntarily.

If so I would be eternally grateful for an official source which states this because as strange as it seems I'm actually having difficulty finding one! All I've found is the page for divorce/break down of relationship.

Thank you so much,

If your partner leaves, your right to reside ends. Read page 7 'Rights of an Extended Family Member' in the link below. If your sponsor ceases to be a qualified person in the UK and ceases to live with you, your rights end. Regardless of you maintaining your relationship 'long distance', for the purpose of your residence card and rights, your relationship will likely be viewed as 'ended'.

https://www.gov.uk/government/uploads/s ... ers-v4.pdf

[CR001]

I think it is not possible, if you were married you would have the retain right of residence,

This would ONLY be possible if they were divorced, the EU spouse was exercising treaty rights at the time of divorce etc.

[tf128]

Thank you for your replies.

@CR001 - I read that document which linked to DIRECTIVE 2004/38/EC which states regarding the residence card:

Article 11
Validity of the residence card
1. The residence card provided for by Article 10(1) shall be valid for five years from the date of
issue or for the envisaged period of residence of the Union citizen, if this period is less than five
years.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six
months a year, or by absences of a longer duration for compulsory military service or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.

This would suggest that I actually COULD stay in the country for an additional year without my partner, no?
I would assume that if the EEA partner leaves WITHOUT intention to return then the residence card would be invalidated and I would have to leave or apply for a different visa but I've yet to find any document that says this which is rather shocking!

[lucia2017]

I'm in a similar situation but it seems no clear answer... so I will queue in your post...
Once EU partner leaves, our resident card becomes invalid immediately??
What if they will return after a period of time let's say 1-2 years.
During these years, we can not stay in UK legally??

I have my career here and don't want to move and my husband may have a chance to go abroad for work. He will be getting his PR this year, but how can I stay here during this period of time... Or shall we wait until he has his PR and I use UK immigration route to stay??

Anyone has further advice??? thanks in advance