Non EEA retain rights without divorce

[junior197]

Hi,

I hope I can find a solution here. I have been an avid reader of this forum but couldn't find a similar situation.

Got married to EEA citizen in August 2014 and got my Residence card expiring September 2019. The relationship fell off and we decided to part ways.

In October 2017, she applied for a divorce and moved out.

I have been waiting since October 2017 to receive the divorce documents but nothing. I intend to apply for ROR as my ex has been working since 2014 and continues to work (she's willing to provide me with her ID and docs for this.)

However she's planning on leaving the UK for good end of Q1 2018.

Now, I have a family emergency and urgently need to fly out of the UK within the coming three weeks.
Given that we are not living together anymore, I'm concerned, as I don't know if I will be allowed back into the country.

I have no documentation to prove that the divorce is in progress (thanks to the court). She contacted the court and hasn't received a response yet either. Moreover the divorce fee hasn't been debited from the account yet.

PS: I'm the father of a British child whose mother is not my ex.

How can I deal with the urgent travel situation? I know that immigration officers will have some questions which will need answering. Will I be allowed back without hassle?

Please help.

Thanks and regard

[Obie]

You are a family member for as long as the decree absolute has not been issued and the EEA national is still residing in the UK. You therefore continue to have the rights attached to that status.

[junior197]

thank you for your reply Obie. I thought the same.