What is retain of rights

[Dako]

I have a question.what is retain of rights mean exactly.
Is this automatic upon fulfil all requirements or only when apply and get a new residence card?
In case of divorce,no children married more than 3 years and lived in the UK to gather more than 2years.EU partner self employed and Non EEA working full time.
Now if current RC is still valid is it ok to not apply new one?and use current one along with other supporting documents?especially when travelling out of country?

[Amber]

Retaining the rights of residence means to retain the same rights as if you were still the spouse/family member of that person, i.e. the right to live and work in the UK. It can also mean that you may eventually settle in the UK.

[Imshzd]

Your current RC was issued on the bases of your marriage with the EEA national wife.
So once you return back to UK,the immigration officer records tell them your previous data.
And as normal they will examine you that are your EEA national is a qualified person.
But once you inform that your a divorced then it means you ceased to be a family member of an EEA national and don't have any written confirmation from HO that you retain rights of residence.
At that point it may be possible for you to face a little problem but they will give you a chance to prove that you have a right to reside in the uk.

[Dako]

So is it advisable to travel with out getting confirmation on old RC and what would be the worse consequences ?

[Imshzd]

With out HO confirmation it is not advisable to travel abroad as you ceased to be a family member of an EEA national.
If you are confident and ready to face the interview at airport then you can try your luck.

[Dako]

So getting confirmation from oh is just getting new RC should be applied on EEA2.or is there any other way to get confirmation?ie some people say send to HO copy of decree absolute and copies of treaty rights etc.just inform about divorce.

[Imshzd]

So getting confirmation from oh is just getting new RC should be applied on EEA2.or is there any other way to get confirmation?ie some people say send to HO copy of decree absolute and copies of treaty rights etc.just inform about divorce.

These stories are the part of history and currently not relevant.

[Dako]

What do you mean Imshzd?could you please answer clearly?
How to get confirmation of retain of rights when current RC card is still valid almost 2years.
Only way is applying new RC card or any other way out?

[Imshzd]

Although your current RC is valid but you ceased to be a family member and once the non EEA national ceased to be a family member then h/she lose the right to live in the uk unless retain the rights,so you have to apply new RC under regulation 10(5).

[Dako]

It's bit strange because I was told RC remains valid unless until it's been revoked and in that case burden of proof would be on HO.and HO can not revoke if person qualify retention of rights.And retain of rights are automatic under the EU law and off course if fulfil requirements under article 10(5)etc.
Any expert intervene please and clarify this point please.
My understanding is under EU law any document is just confirmation and right of stay is automatic upon fulfilling requirements.that's why person does not have to apply visa they only need to apply confirmation ie RC or PR etc.

[Imshzd]

With out HO confirmation it is not advisable to travel abroad as you ceased to be a family member of an EEA national.
If you are confident and ready to face the interview at airport then you can try your luck.