EEA RESIDENCE CARD APPLICATION WITHDRAWN BY EU SPOUSE

[ejaj]

I need urgent help!

I am a non-EEA national (Indian Passport) with an EEA FP.

Married to an EU national (Portuguese) on 11-12-2014
EEA FP issued in Portugal (Lisbon) to enter UK valid until 06th-June-2016 (Expired already)
Entered UK on 14th December 2016
Started working in February-2017 with proper contract and NI and tax
Applied for EEA residence card toward the end of May 2017 with my EU Spouse

As we applied for our EEA residence card towards the end of May 2017, we decided to separate/ divorce based on personal circumstances. My wife (EU National / Sponsor of my application) cancelled the Residence card application online and asked the home office to return our passports and documents back from the Home Office on the 5th of June 2017.

Since the breakup, I have moved out/asked to leave the house (address on my application) we use to live together and moved to an Airbnb/temporary accommodation until I have my passport back. I also resigned my job as I couldn’t focus whilst going thru this rough time and my employer wasn’t willing to sponsor my visa to work either, therefore I had to quit my job.

Since we both got married in Portugal, I will have to go to Portugal to do the divorce procedures in the local court as her family is threatening to harm me if I do not cooperate with them in the divorce.

I have a Portuguese residence card valid until 2020 and I am allowed to work, travel within Schengen Areas, however, I can’t leave the UK without my passport. I do not have direct contact with my wife at the moment nor do I live in the same house where we applied our EEA residence application from. I have been told by my wife that we will receive our documents within 10 working days, however, It's exactly 11th working day today. I am worried that I don't have any document on me to prove that I have the right to live in the UK besides my Portuguese Residence Card. I can’t seek for a temporary job, a place to rent or roam anywhere without a valid Identification.

However, a week ago I asked my wife thru a message if I have any posts/letters in my name and there were a few letters on my name was handed over to me by her brother. One of the letters was from the Home Office asking me to do the Biometrics at a post office which was sent to me on 2nd June 2017, which clearly means that the Home Office did not receive the cancellation of EEA Residence Card request when they sent out this Biometrics letter.

I am confused if I am supposed to do the Biometrics enrollment at the post office or to wait for my Passport or should I go to seek legal help? I am more worried about my EEA FAMILY PERMIT is expired and I can’t exit the country or Stay in the country or get a job or find a place to stay.

Can someone please help me or suggest me what to do in this situation? I have tried calling all the numbers listed on http://www.gov.uk and Home Office website, UKBA etc. I have sent several emails to all the departments with no response so far.

If the Home Office returns my passport, will I be deported? Do I have to go back to India? or will I be able to go to Portugal instead? Do I have to pay any fines for overstaying (it wasn't Intentional since I am waiting for my passport to exit)?

My intention is to go to Portugal and finalise my Divorce and apply for a valid visa to re-enter the UK to work again.


Please help!

[Obie]

You still have the right to live and stay in the UK. You should have simply continued your job. Your wife has no right to withdraw your application.

Don't allow her family to intimidate you. You can live and divorce in the UK. You are also entitled to a Residence Card.

[ejaj]

You still have the right to live and stay in the UK. You should have simply continued your job. Your wife has no right to withdraw your application.

Don't allow her family to intimidate you. You can live and divorce in the UK. You are also entitled to a Residence Card.

Dear Obie,

Thank you for your time in reading my post and your advice as I have not consulted anyone so far on my situation yet. Therefore, I posted on this forum to learn how to deal with this present situation of mine.

I still have no ways to get a Job without knowing what is happening with my residence card application, I can't explain this properly even when I go for an interview to let my employers know what is my legal status in the UK or to even get a room to stay in the city.

I will certainly go for my biometric enrollment tomorrow as per Home Office request however, I do not have a correspondence address yet in the UK besides the airbnb I am staying at the moment.

I hope my problem has a solution so I can breathe.

Thank you once again for your time and I highly appreciate your advice!
J

[Obie]

Your status is a family member of an EEA National. You have the right to live and work in the UK, and given the time you arrived and the length of your marriage, you may be able to retain your residence on an individual basis.

Shame your relationship broken so suddenly.