Non-EEA national - Retention of the right of residence.

[asantos]

Hi there,

I will try to keep it short and easy (if possible).

1 - I am a non-EEA and married an EEA national in 6th December 2004.
2 - I received a residency card stamped on my passport which expires in February 2010.
3 - We are now divorced. Procedures started in 12th December 2007 and Decree absolute was issued in 9th July 2008.
4 - We lived together in the UK for the entire duration of the marriage. Precisely moved in together in May 2004.
5 - We both have been always employed in the UK and never sought for public funds assistance.

Now, I've read that based in the 2006 regulations I can exercise "treaty rights", however the HO do not seem to coherent when informing via the helpline. I have 2 very different informations, one saying that I can exercise 'treaty rights' and other saying that I have to contact immigration immediately because I am here ilegally!

Any help? I want to know waht to do to clarify any doubts that I can leave and carry on working in the UK, fly away on business or holiday and have the right papers to show when I am arriving back in the UK.

Many thanks,
Alex

[vinny]

See also Chapter 2 - Rights of Non-EEA National family members of European Economic Area (EEA) Nationals (6. Retaining a Right of Residence).

[asantos]

Hi Vinny,

Thanks for that. I had already printed the regulations, read it through and confirmed once again that I am within my rights.
I contacted HO again today and they confirmed that I am right exercising 'treaty rights' and would have to deal with immigration at the board control when time comes to that.
They also told me to send an email to: ukpublicenquires@ind.homeoffice.gsi.gov.uk and send a question regarding my case to obtain their positive answer to be used as a backup papaer when I am returning to the country.

I will post here when it happens to let you all know the outcome.

Best regards,
Alex