My husband left from the UK and my resident card expired. Can I still live and work?

[Momo2018]

Hi,

Please help!

I (Japanese) and my husband from EU married 5 years ago in the UK.
We lived together for three years after our marriage. Then he lost his job but invited for another job in France.

He moved to France but kept an address in the UK until my 5 years resident card expired.
I confirmed to a solicitor that this way, I could legally stay in the UK even we didn't physically live together.

After my resident card expired, I needed to go to Japan for two months and now, I want to come back.
Can I still live and work in the UK?

Due to financial circumstance, my husband had to give up his address in the UK two months ago.

And as we live separately for longtime, he wants to divorce. I wonder if this affects badly for my stay in the UK.

I worked as a freelancer in the UK. Leaving from the country makes me loosing my years of efforts.

[vinny]

After my resident card expired, I needed to go to Japan for two months and now, I want to come back.
Can I still live and work in the UK?

Due to financial circumstance, my husband had to give up his address in the UK two months ago.

No, unless you acquired PR before your husband left the UK.

[Momo2018]

Hi Vinny, Thank you for your comment.

My resident card expired before my husband left from the UK.
Is this means that I gained PR???

[vinny]

Were you married and living with him in the UK while he was a qualified person (or had PR), for at least 5 years?

[Momo2018]

Were you married and living with him in the UK while he was a qualified person (or had PR), for at least 5 years?

Yes

[Momo2018]

Yes
It sounds like you think I have PR?

Do I need to show any documents at the immigration? I don't know if my husband will help me to send them.

[vinny]

Unfortunately, they require evidence.

[Momo2018]

Thank you.
Anyway if I'm permanent resident, I will try. I have at least copy of his pay slips for 4 years.

[vinny]

Try to get at least 5 years’ proof. They also require his National ID card or passport.

[Momo2018]

Ok, I will ask my husband.
Thank you very much!

[Momo2018]

Were you married and living with him in the UK while he was a qualified person (or had PR), for at least 5 years?

Hello again,

Sorry I wonder if I was misunderstanding!

He begun to work in France two years ago.
Therefore He kept "living" in the UK for five years by holding an address.
But there are only evidence that he worked in the UK for three years 2012-2015. Then, since late 2015, he has been working in France.

Does this mean he is not a qualified person?

[vinny]

Unfortunately, he doesn't appear to be a qualified person in the UK for at least 5 years. What were his absences from the UK when he was working in France? During that time, did he and you have CSIC in the UK?

[Momo2018]

Since he arrived at France, he was a worker till February 2017 then became freelance.
But he hasn't paid UK tax since he left from the U.K. Me either...

So I can come back only as a tourist?

[vinny]

Unfortunately, that appears to be the case.

[Momo2018]

Thank you anyway.
I hope that I can find the way to continue my work!

[vinny]

Visitors may not work. Can your employers sponsor you under Tier 2 (General)?

[Momo2018]

I work freelance for small organizations. They don't have license...
I need to think what I can do.

Thank you for your help.