need some advice please

[lasfar]

Hi,
I would like some advice please about my rights for returning to the uk ,
my story is that me and my English wife been in a relationship for more than 10 years now I'm a Moroccan and I use to have a decent job for life I met my wife in a dating website then we met each other and we fall in love since 2007 int 14th of December 2013 got a fiancé visa for 6 months then than I quit my job for join my partner then get married on 8th of March 2014 before the 6 months end I applied for 2.5 years work permit under 5 years route
we lived together and 2 children 7 yd and 11yd daughter.in 2016 things started falling apart even we love each other coz I couldn't find a decent job coz I kept leaving the work for looking after my wife or sometimes kids and a dog
my wife is student at uni at the moment and disabled was diagnosed with MS in 2010 ,I registered with job agency I worked temporary full time about 12 months in total on the time living with partner and the kids .i don't have my biological children.
so my wife suggestions on April 2016 to mme was me going to visit my family in Morocco then she said to me don't come back I wrote the the home office that we separated without any valid reason it was choking for me I couldn't do anything about it , we carried on talking after that until she wrote again to the home office again a letter that she is sorry and she didn't mean it and it was such foolish mistake coz the HO said that visa was curtailed so after 2 weeks working days I got my work permit back as it meant be end on 5th of December. I travel back to the uk and started worrying and suffering from anxiety that she could do the same thing again I started a job after 2 weeks , my wife was waiting for my first wage on a Friday by lunchtime she texted me saying that I can't get back or around home and packed my clothes and put them on black bin bag in the drive saying that I'm controlling and worried too much and I say things that not real coz I asked her that we need start saving money for apply for further FM visa the second 2,5 years , I kept my job I stayed with friend on sofa I rent a place too for 7 weeks until received a curtailment letter from the HO expired date 28th of November I kept in touch with my wife and kids we met for Costa asked me that kids wanted me the do fireworks for them and have dinner I accept I could see that she was guilty about the damage she caused both of us and kids . so I let my agency that I had change my living adress and the bank and tried for seeking an advice from immigration advice for any option available for me and family coaching in the uk after what happened I feel let down because I left the uk volunteering back to Morocco following the HO curtailed letter, because she doesn't want divorce me I don't want to give up on my wife and kids I only want to get back close to them and try to mending it properly , and I lost everything in here I couldn't find a job as less opportunities than in the uk I'm 41 years in July this years .my future and my little family are foolish destroyed for no valid reason
please help if there's any options available for me to retain my right for getting back to the UK .
what can I do for apply for another visa to return after married for more than 3 yearsand non officially divorced ?
many thanks for understanding.
Mustafa
email: xxxxxx
Regards

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[Casa]

Where are you now? In the UK or Morocco?

[lasfar]

yes im in morocco , thank you for repply

[Casa]

In which case, unfortunately I can't think of the way forward. If you had still been in the UK I would have suggested submitting a FLR(FP) Parent route application, although there's no guarantee this would have succeeded.

Wait to see if anyone has further advice.

[lasfar]

ok thank you very much

[Casa]

I'm assuming there's no chance of a reconciliation with your wife sponsoring another spouse visa?

[lasfar]

no chance coz things getting nasty betwen us at this time

[lasfar]

can apply for retained rights of residence from morocco?

[CR001]

can apply for retained rights of residence from morocco?

There is no option to 'retain rights of residence' under the UK Immigration rules if you were on a spouse visa. Retain rights of residence applies to non-EU spouses of EU citizens (non British).

[Casa]

No as a ROR is only relevant under the EEA Regulations and your wife is a British national.

An application submitted outside of the UK under 'Right of access to a British child/children' may be a possibility, but you would need a Court order granting you access.

If Obie is online later, he may be able to advise further on this.

[lasfar]

No as a ROR is only relevant under the EEA Regulations and your wife is a British national.

An application submitted outside of the UK under 'Right of access to a British child/children' may be a possibility, but you would need a Court order granting you access.

If Obie is online later, he may be able to advise further on this.

i dont have biologic children in the uk; there father has not got access to them by court order ,and i just have a good relationship with as stepfather i felt no diffrent having them as mybiological kids my wife has miscarriage of mine back on time ,how can i get this court order to get the access?

[Casa]

I missed that in your original post. Unfortunately I don't believe a Court will grant you an access order if your aren't the biological father, even less chance from outside of the UK.

[lasfar]

yes unfortunately what a mess

[lasfar]

Marriage or civil partnership: non-official separation
If a non-EEA national separates from their EEA national spouse or civil partner they
remain a family member with the right to live in the UK for as long as they are
married to, or in a civil partnership with, an EEA national sponsor. The EEA national
must continue to exercise free movement rights in the UK, or have a right of
permanent residence.
A non-EEA national spouse or civil partner whose relationship has not officially
ended will lose their right of residence if the EEA national:
• stops being a qualified person (either through no longer being a qualified
person in the UK or by leaving the UK)
• loses their right of permanent residence

can anyone explain this for me?
i left voluntary the uk just a week befor expiry date coz i received a curtailment lettre i did not to overstay and being illegally

[CR001]

Your spouse is British NOT an EU citizen for the purpose of what you quote. You were under the UK Immigration rules and NOT the EEA/EU rules.

[lasfar]

so I ve got no chance or options available than?

[CR001]

No, not based on your British spouse if your marriage has broken down. If you wish to return to the UK, you will need to apply or find another visa you qualify for.