Non-EEA separated from EEA. Travel abroad? Request RoR?

[eealess]

I have done some research before posting this topic so I will try to be as precise and succinct as possible.

I am a non-EEA citizen separated from an EEA citizen exercising her free movement rights in the UK. We were married in the UK in 11/2011 and separated in 01/2015. We lived together in the UK and she never stopped working throughout this period. We have not started the divorce process yet.

I am an EEA2 Residence Card holder, working full time and living on my own rented place since January 2015.

As in any breakup, situation has not been the most amicable. I have a few questions that I cannot find answers:

1. I travelled outside the UK several times with and without my wife since the EEA2 residence card has been issued. Sometimes no questions are asked; sometime they ask if we both live in the UK and if we are working/what we do for living. If I go alone to a trip abroad, would they ever happen to ask if we are still together? Can our separation be an issue? Or during an eminent divorce?

2. I read in the regulations that if she leaves the country (something she’s been talking about for years), I immediately lose my right to stay in this country. Did I understand it correctly? Is there anything that can be done about that? Would obtaining the Decree absolute ASAP and applying for Retained Right of Residence my best option in my case?

Thanks in advance.

[maxmelion]

I have done some research before posting this topic so I will try to be as precise and succinct as possible.

I am a non-EEA citizen separated from an EEA citizen exercising her free movement rights in the UK. We were married in the UK in 11/2011 and separated in 01/2015. We lived together in the UK and she never stopped working throughout this period. We have not started the divorce process yet.

I am an EEA2 Residence Card holder, working full time and living on my own rented place since January 2015.

As in any breakup, situation has not been the most amicable. I have a few questions that I cannot find answers:

1. I travelled outside the UK several times with and without my wife since the EEA2 residence card has been issued. Sometimes no questions are asked; sometime they ask if we both live in the UK and if we are working/what we do for living. If I go alone to a trip abroad, would they ever happen to ask if we are still together? Can our separation be an issue? Or during an eminent divorce?

2. I read in the regulations that if she leaves the country (something she’s been talking about for years), I immediately lose my right to stay in this country. Did I understand it correctly? Is there anything that can be done about that? Would obtaining the Decree absolute ASAP and applying for Retained Right of Residence my best option in my case?

Thanks in advance.

I was same as till divorced
Always say the truth nd if they ask you say you separated thats ok dnt worry
i travelled so many times while i was separeated nd i said im separated they will ask how long say ant small period nd say u take a brake nd we might bk or divorce .
i travelled after divorced decreed and when bk they asked mr for first time out of 4 times travel about my wife i said im divorced but i will apply for ror when i get back home they said ok .

[eealess]

Thanks for your reply!
It's good to hear someone that experienced the same situation.
I'll try to add some proof that she's exercising her freedom of movement rights to the folder I usually carry with me when travelling outside of the UK.

[eealess]

Anyone else would be able to share the knowledge? Specially regarding my 2nd question?
Cheers

[eealess]

I've received new information that things can be different now that the EEA sponsor has been in the UK for over 5 years exercising her free movement rights so she has acquired a permanent right to reside although hasn't applied for a document certifying permanent residence. (since January 2015)

Could someone please explain how that impacts me? Does that mean that if she leaves the country or stops working I'm still entitled to retaining my rights?

[Obie]

Have you got documentation demonstrating that she was a qualified person for a period of 5 years.

[omonile]

Hi Obie!!

if one has the proof that eea partner has been exercising treaty right for five years before divorce but did not have details of treaty right during divorce. would that suffix if applying for ROR? Do i have to show eea patner permanent residency document if she choose not to apply to confirm it.

[eealess]

Thanks for your answer obi.

So far we haven't completely lost contact/became uncooperative with each other so, yes, I could potentially ask her to request her to obtain that documentation. But I would only go there if that would change anything for me. Unfortunately I couldn't find any information on that since most topics as eea or UK settled exclusive, they don't cover eea that becomes settled.

Looking forward for your answer.

[Obie]

Should consider divorce and seek legal advise .

You can only retain rights once there is a divorce.

[eealess]

Thanks for your answer Obie, but I was seeking a little more detailed explanation.
I believe from my initial post I made clear that I understand that I can only retain rights after divorce.
I was worried I have to speed up my divorce cause my wife has been considering leaving the UK.
My wife agreed on waiting to be married with me until I am allowed to request ILR.
I came across new information like "A person who has attained PR continues to exercise treaty rights by just remaining in the UK and not be absent for more than 2 years.". If this information is correct, I am in no rush to consider a divorce even if she stops working or leave the UK. I would like to know if this assumption is correct (providing I am able to prove her right to PR).

[Obie]

Well it may have been correct previously , but the CJEU, which is the European Court, has ruled that once an EEA national leaves the member state the right of residence of their spouse elapses, therefore your preposition may not be true any longer.

[eealess]

Thank you for your answer Obie!

[eealess]

We have started the divorce and just return the Acknowledgement of Service.
In a change of events, she is not leaving the UK but is planning on taking a "sabbatical year" from October on.
Is it OK if she is a Self-Sufficient Person – regulation 6(1)(d)? Would the fact that she is a Permanent Resident in that case matter?
She offered full cooperation on any paperwork I may need.
Feeling quite anxious tho.