Can I Go Back To UK? (Complicated) Please Help!

[sam0077]

Hi Everyone,

I would really appreciate your advice on this matter.

I married my long term EEA GF in 2014 and applied for the Residence Card which got refused by the Home Office deeming our marriage is of convenience, we appealed but it was denied as well.

In 2015 I left UK illegally via France and came to Spain, my wife moved to Spain as well and I applied for the residence card here which I received after interview.

Things got a bit messy in our relationship and ended in divorce. I retained rights of my EEA residence card here in Spain and still got it.

My question is if I can travel to UK on my EEA retained residence card or not without my ex wife? And if I apply for tourist or visit visa will I get one, considering I left the UK illegally? If I am automatically banned now from UK and can't apply for any visa?

Thanks!

[alterhase58]

There is no such thing as leaving the UK illegally - they are likely to have your previous history and may raise queries. Unlikely you can use your residence card without your partner accompanying you. Can't comment on visa success - the main concern seems to be for applicant proving that they will leave the UK again.

[sam0077]

So, you're saying leaving UK illegally without passport or visa via France border is not an offence and doesn't carry any ban?

[sam0077]

Anyone?

[sam0077]

Can anyone help please?

[vinny]

Probably not a British offense but a French one.

[secret.simon]

Probably not a British offense but a French one.

Likely not even a French one.

I married my long term EEA GF in 2014...In 2015 I left UK illegally via France and came to Spain, my wife moved to Spain as well

The spouse of an EEA citizen has the right to travel with the EU either accompanied by OR to join their EEA citizen spouse in another EEA member-state. The OP was traveling to join his wife in Spain. Given that rights under Directive 2004/38/EC flow automatically, without any need for documentation, I think no offence was committed.

As Alterhase58 has mentioned, there is no such thing as leaving the UK illegally.

My question is if I can travel to UK on my EEA retained residence card

It is an interesting question. You have the right to travel within the EU with an Article 10 Residence Card to join your EEA citizen spouse. But if you don't have an EEA citizen spouse, it is unclear whether you can travel around the EU on the Article 10 Residence Card.

You should be allowed onto the aircraft with an Article 10 family member Residence Card. But the Immigration Officer at the airport may have questions for you.

[sam0077]

Probably not a British offense but a French one.

Likely not even a French one.

I married my long term EEA GF in 2014...In 2015 I left UK illegally via France and came to Spain, my wife moved to Spain as well

The spouse of an EEA citizen has the right to travel with the EU either accompanied by OR to join their EEA citizen spouse in another EEA member-state. The OP was traveling to join his wife in Spain. Given that rights under Directive 2004/38/EC flow automatically, without any need for documentation, I think no offence was committed.

As Alterhase58 has mentioned, there is no such thing as leaving the UK illegally.

My question is if I can travel to UK on my EEA retained residence card

It is an interesting question. You have the right to travel within the EU with an Article 10 Residence Card to join your EEA citizen spouse. But if you don't have an EEA citizen spouse, it is unclear whether you can travel around the EU on the Article 10 Residence Card.

You should be allowed onto the aircraft with an Article 10 family member Residence Card. But the Immigration Officer at the airport may have questions for you.

Thank you very much for the reply, really appreciate the help.

Yeah there is no clear answer to if one can travel to the UK with his article 10 card after retaining the rights without the EEA partner. If anyone has any idea about this?

Thanks!