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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience:  Solicitor with more than 30 years experience
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Hi, i wanted to know if my residence card as a family member

Customer Question

Hi, i wanted to know if my residence card as a family member of an EEA national expired while I'm outside the uk, what would be my options to visit the uk as a tourist or visitor as i am getting a divorce from my eea sponsor ? thank you for the advice. Tom
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Tom,
You would need to apply for a General visit visa if your Residence Card expired while you are out of the UK and you were no longer married to your EEA spouse, see here for the requirements:
https://www.gov.uk/general-visit-visa/overview
May I help further?
Customer: replied 2 years ago.

Thanks,

one more thing though as i stated earlier i was asked to fill the form of a dependent of an eu national, I'm just confused as to my rights considering i may have retained my residency status as we aren't divorced on paper, another thing is while in the uk i had a conditional discharge conviction which is my first and only conviction and is spent, how will this affect my application ? Many thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Please do find an expert to answer the question, thanks

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Senior Partner replied 2 years ago.
Hi , How long had you been resident in the UK as the dependent of an EEA citizen?
Customer: replied 2 years ago.

About 4 years

Expert:  Senior Partner replied 2 years ago.
Ok thanks. In that case if you were married for more than 3 years and you have been resident in the uk for more than a year exercising EU rights then you are entitled to retain EEA rights so you can fill in an EEA dependent application but explain the circumstances. Once you are back in the Uk you can apply for a new residence card.
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13325
Experience: Solicitor with more than 30 years experience
Senior Partner and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks, ***** ***** case based on your opinion and on the fact that I dont have all the required documents for an eea application, if offered to apply as a general visitor or as an eea resident, which do you think is most likely to be successful in your expert opinion ? I appreciate the help

Expert:  Senior Partner replied 2 years ago.
I think you would fail if you applied as a visitor as you do not intend to visit but to remain as a resident and they would simply turn you down on those grounds.
Your right to be in the Uk is base upon exercising EEA rights which you are entitled to do is you were married for more than 3 years even if you are in the process of getting divorce
Customer: replied 2 years ago.

Thank you, ***** ***** read on the ukba site that if i am away from the uk for an extended period exceeding 2 years then i lose uk residency, which i have done, i have no intention to live in the uk within the foreseeable future, is there any terms and conditions that will enable me visit the uk as a general visitor, or any other means as I'm not even in contact with my ex wife at the moment to obtain documentation for the eea route ?

Expert:  Senior Partner replied 2 years ago.
Hi I am sorry I did not realise you had been out of the UK for 2 years. In that case yes your right as an EEA spouse will lapse because you have to to be resident in the UK for 12 months before the divorce. If you only want to visit briefly then there is no reason why you should not get a visitors visa.. You need to show you will leave at the end of the visit but as long as you have a reason to return to Nigeria -a home ,job and or business for example - it should not be an issue

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