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Thanks for this I appreciate your honesty... so does this mean that I'm illegal at the moment then? Can I travel? txs!fysicus wrote:If your lawyer says it's a grey area, I would say it is a very dark grade of grey. Sorry for the bad news.
As I understand you are still (legally) married and your husband left the UK about a year ago to work and live elsewhere. This is far more than the six months temporary absence normally allowed without breaking the continuity of residence, so it seems from November 2010 or so you can no longer claim he is exercising treaty rights in the UK. Your right of residence is derived from him exercising treaty rights so that right also disappeared some months ago.
Your only hope is that UKBA (or an appeal judge) accepts that your marriage in fact already ended in April last year, and allow retention of rights on that basis, but I'm afraid your chances are low.
Thanks! I think you are right I got RC not PR. and what does BC mean? txs!toni34 wrote:didyou say you have permant residency?then you r not under immigration control.simple what is left is for you to get ur bc.except it is not pr you have got but rc.
Strictly speaking I would think, yes, you are illegal right now; unless you can argue successfully that you are entitled to Retention of Rights. However, as UKBA is probably not aware that your husband left the UK, nothing bad is expected to happen on short notice, and as long as your Residence Card is not formally revoked I think you can even travel in and out of the country without problems.felicia wrote:Thanks for this I appreciate your honesty... so does this mean that I'm illegal at the moment then? Can I travel? txs!
in which case you can answer with a big smile: I hope he is waiting for me behind that door...86ti wrote:Until an immigration officers feels like asking about the husband...fysicus wrote:and as long as your Residence Card is not formally revoked I think you can even travel in and out of the country without problems.
Thanks guys! as a matter of fact the last time I travelled (in Jan) the IO gave me a hard time about my husband's whereabouts. So I guess I won't be travelling until I get this situation more sorted... oh well I have to give it a try. Thanks for all your advice and comments!fysicus wrote:in which case you can answer with a big smile: I hope he is waiting for me behind that door...86ti wrote:Until an immigration officers feels like asking about the husband...fysicus wrote:and as long as your Residence Card is not formally revoked I think you can even travel in and out of the country without problems.
as my wife once did. Of course, on that occasion I was indeed waiting for her at the airport. But the IO didn't ask any further questions.
But now serious again: I admit that felicia's situation is a bit more tricky.