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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi I am married with a Portuguese citizen and we both live

Resolved Question:

Hi
I am married with a Portuguese citizen and we both live in the Uk! We were married for 5 years and living here since then! Last year he left me and got back to Portugal!
My EEA visa family member will expire next month and i ma getting things ready to apply for the permanent resident card! The problem is, I was thinking about going to Madrid next week to spend Easter with friends! As my visa will expire soon and I will travel with my 14 years old daughter who holds the same visa, I am scared the immigration wont allow me to enter in in UK because I am without my husband
Can I travel ? please help!
thanks

Maria

Maria
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You are fine to travel and coming back to the UK before your Residence Card expiry date will not be a problem.

Hope this helps
Customer: replied 3 years ago.

thanks, XXXXX XXXXX trtavel alone! Hold a brazilian passport and my husband is not in the uk and we are separeted

Expert:  UKSolicitorJA replied 3 years ago.


A person who ceases to be a family member of a qualified person on termination of a marriage or civil partnership will retain a right of residence if:

the marriage or partnership lasted for at least three years immediately before the initiation of proceedings for divorce, annulment or dissolution, and

the parties to the marriage or civil partnership had resided in the UK for at least one year during the duration of the marriage or civil partnership, or

the former spouse or civil partner of the qualified person has custody of the children or a right of access to the children in the UK, or

there are particularly difficult circumstances (such as domestic violence) justifying the retention of the right of residence.

In such circumstances a family member retains a right of residence if:
(a)
S/he is a non-EEA national but is pursuing activity which would make him/her a worker or a self-employed person if s/he were an EEA national,
(b)
S/he is a self-sufficient person, or
(c)
S/he is the family member of a person in the UK who is either a worker, self-employed, or is a self-sufficient person.

You would therefore need to show that you are economically active in the UK e.g. payslips, P60's etc. see here for further information: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/ecis/chapter5.pdf?view=Binary

 

If the above applies to you, you will have retained the right of residence and you are okay to travel alone, also note that you have not yet divorced your spouse, so your case is stronger.

 

Hope this helps

Customer: replied 3 years ago.

thanks a lot for your help!


What should say to immigration then if they ask me where my husband is?


They always asked me that? should say the truth?


Thanks a lot

Expert:  UKSolicitorJA replied 3 years ago.
Always say the truth.

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