Travel Advice for EEA2 Holder after Separation

[shahinlondon]

I(EEA2) permit holder and wants to go back to my home country for few weeks but unfortunately i have been separated from my wife(EU National) for more than two years.(Got married 2006, RC issued 2007 till 2012, Separated 2008) She is in UK and working here for the last 7 or 8 years but not in contact with me.

What do you guys advice me for travelling abroad?
What sort of questions i wil face on my Arrival to UK by IO?

I am also in relationship with another EU national girl for more than two years with whom i have a around two years old EU national baby and we all are living here in UK.

[sjimoh112]

In an ideal world you shouldn't have any problem on your way back to the uk but the ukba are not living in an ideal world.

I don't really get what you're saying in your post. Do you have a child with your new partner? If so, you shouldn't have a problem as you'll have a right to family life.

However there could still be a problem as it's seems you haven't been legally separated from your wife. If you have, you should be able to continue to be a resident as a unmarried partner of a EEA national but you'll have to prove it to the ukba.

It will also be in your interest to write to the ukba to inform them that you've separated from your wife and you're with another woman who you've got a child with (to cover your backside). But before you do this it's best to get a good solicitor's advice on this mAtter.

Overall I believe you're free to travel to your home country and come with back into the uk with ease.

[shahinlondon]

thanks for your reply.

Yes I have a baby from my new partner.

From 2008 till late 2009 I have been outside the UK around 10 times and always been asked by the IOs the following questions

What is my wife nationality?

What is her D.O.B?

Are you both living together?

Where does she work?

After confirming from my answers they did let me enter.

I am bit scare if I tell them that I am not living with my wife any more than what their reaction will be?

[sjimoh112]

Since that's the case I will advice you to continue to give them the same story. If your ex wife didn't tell them you're separated they wouldn't find out.

If you tell them you're not living together again, you could be detained i at the airport immediately or released pending investigation of your situation. It could be an unpleasant experience.

Living together with your new partner and your child isn't enough to cement your status you got due to your marriage with your ex wife. Your best option is to marry your new partner if you're already legally separated. If not, get it done quickly before they find out from her (ex wife) which may result to cancellation of your rc and possibly make you illegal at the end and you'll will start a new struggle to get CoA to marry again and reapply which could take years. Better still get a solicitor's advice.

Best wishes

[Kitty]

shahinlondon, I would not advise you to tell them you are living with your wife if that is not true.

sjimoh112 is not correct that separation from your wife could lead to your RC being cancelled. As long as you are not divorced from your wife, and she is still exercising treaty rights, then you still have the right to live in the UK as her family member. Of course, your problem is what happens if an IO does not understand this.

If you really need to travel before you get your situation sorted out, then I would suggest you print out the relevant bits of EU law and carry them with you. You can then answer the IO's questions honestly AND show why you should be allowed into the country.

Otherwise, is there a reason why you can't divorce from your wife? You said that you are not in contact with her: does this mean you don't know where she is, or that you are simply living separately?

If you married in 2006 and have both been living in the UK ever since, have you already qualified for PR (and can you prove it?)?

How long have you been living with your current partner? Is it long enough to qualify for a RC as her unmarried partner (may be difficult without formally separating from your wife: I honestly don't know what happens if you can't locate her in this case)?

[jubbah63]

shahinlondon,

travelling is OK as long as you have legal status, but remember you didn't inform the HO of your changes of your circumstance, so you should know what to say at the airport.


your still legally married but separated and living with current partner,
but you didn't inform the HO.

so find your wife, get uncontested divorce, which is shorter,

get decree absolute and apply to retain your eea rights.

read the following:

http://www.legislation.gov.uk/uksi/2006 ... on/10/made

if you can't find your wife, contact a divorce lawyer and ask how can you get divorce in the absence of your wife, that should be possible but i'm not sure.

as Kitty said: If you married in 2006 and both been living in the UK ever since, you maybe already qualified for PR but can you prove it?


applying for RC with your unmarried partner, in your situation maybe tricky but child/children is involve so get legal advise on that,
because its up to the HO to exercise discretion for extended family member (unmarried partners),

also getting divorce is better if you want to apply for anything with your current partner

[Greenie]

Since that's the case I will advice you to continue to give them the same story. If your ex wife didn't tell them you're separated they wouldn't find out.

If you tell them you're not living together again, you could be detained i at the airport immediately or released pending investigation of your situation. It could be an unpleasant experience.

Living together with your new partner and your child isn't enough to cement your status you got due to your marriage with your ex wife. Your best option is to marry your new partner if you're already legally separated. If not, get it done quickly before they find out from her (ex wife) which may result to cancellation of your rc and possibly make you illegal at the end and you'll will start a new struggle to get CoA to marry again and reapply which could take years. Better still get a solicitor's advice.

Best wishes

sjimoh112

I think you should be careful about giving people advice on this forum. I have read a number of your posts now and they generally seem to be either

1)incorrect in terms of the law
2) telling people to lie or do something illegal.

[shahinlondon]

[quate]If you married in 2006 and have both been living in the UK ever since, have you already qualified for PR (and can you prove it?)?[/quate] (+q)

I can but both of us living at a different addresses from 2008.

[quate]How long have you been living with your current partner?[/quate]

Nearly three years.

[quate]I honestly don't know what happens if you can't locate her in this case)?[/quate]

I can locate her easily as I know her living place.

[Kitty]

If you married in 2006 and have both been living in the UK ever since, have you already qualified for PR (and can you prove it?)?

I can but both of us living at a different addresses from 2008.

My understanding is that for the purposes of PR, it does not matter. If you are legally married (and I presume this is the case because you were able to obtain an RC on the basis of your marriage) then the relationship is valid for EEA purposes until you are actually divorced.

However, both the Regulations in this country and the EU Directive state only that PR is due to non-EEA family members who have resided "with" their EEA family member during the qualifying period.

At the same time, non-EEA family members can retain the right of residence if they actually divorce their EEA partner after 3 years marriage (with at least 1 in the UK). I would be surprised if people got divorced without separating first, and it would be silly if the Directive envisaged retention of the right of residence if that right could be lost instantly by mere separation.

I don't know what other posters think?

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