help on retained rights of residence

[wrony13]

hi guys
i need your urgent help
my history in brief

got married with polish girlfriend on 2013
got visa from appeal 2015
no living together since
was going to file divorce now.
so ,2 weeks ago when i was coming back from my back home,i was detained at heathrow and they kept my visa and passport abd gave me a date to go there with my wife.but my wife is not in this country.she came andgone back saying she is not coming back ever as she got boyfriend there and not interested about my visa and life.i didnt no she is not here for long time.she has sattled back to poland. in this situation do i have any right to stay here?

please help me guys.i was meant to be there last tuesday but cudnt attend as my ex wife refused to do so.emailed heathrw saying this that my spouse wont be coming with me.now they ask me to go there within this week. what should i do now.im applying for divorce this week.do i have any right to stay in this country?

[Casa]

You lost the right to remain in the UK as an EEA extended family member when your girlfriend left the UK. EFM's have no right of appeal and you currently have no legal status here.

[secret.simon]

You lost the right to remain in the UK as an EEA extended family member when your girlfriend left the UK. EFM's have no right of appeal and you currently have no legal status here.

got married with polish girlfriend on 2013

Casa, the OP is married to the EEA citizen and therefore is a direct family member.

In any case, your right to reside in the UK are entirely based on your EEA citizen wife being in the UK and exercising treaty rights in the UK. If she leaves the UK, your right to reside in the UK ceases.

You could have retained RoR if you had divorced her while she was still in the UK.

[Casa]

Aplogies..I missed the mention of marriage. Disregard the reference to EFMs, but secret.simon has given good advice.

[wrony13]

what would be the best course of action for me now?am i not eligible to make any other application on the basis of my 3 years married life with atleast 2 years living together?will they detain me if i attend the interview?or send me back from there?thnx guys for prompt reply.

[wrony13]

what is the chances of being detained and sending me back with out appeal right?im going to attend the interview on my own this week,what could happen in there?can they revoke my visa with out any appeal right?or send me back?thnx guys

[secret.simon]

am i not eligible to make any other application on the basis of my 3 years married life with atleast 2 years living together?

As I understand it, while you are married to an EEA citizen, any right you have to reside in the UK under EU law is entirely based on that EU citizen being resident in and exercising treaty rights (or having PR in) the UK. If she has left the UK, your rights cease.

I do not think that you will be eligible for an RoR when you divorce your wife.

(5) The condition in this paragraph is that the person (“A”)—
(a)ceased to be a family member of a qualified person or an EEA national with a right of permanent residence on the termination of the marriage or civil partnership of A;
(b)was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
(c)satisfies the condition in paragraph (6); and

RoR requires you to be residing in the UK with your EEA citizen spouse exercising treaty rights in the UK at the date of termination. If your Polish wife is not in the UK or not exercising treaty rights, you are not eligible for RoR either.

So, either before or after your divorce, you do not have a right to reside in the UK based on EU law.

You may want to look at eligibility towards a pathway under the UK Immigration Rules.

Given that you were detained at the airport, it sounds like your Polish wife notified the Home Office that the marriage has broken down and that she is leaving the UK. Otherwise, there does not seem to be any reason for the Border Force officials to impound the Residence Card and your passport.

I doubt you would get appeal rights. It is a matter of fact, not of law, as to whether your wife is in the UK or not.

[wrony13]

thnx for ur reply.
I do understand now my current situation. what im curious to know now is what is the chace they will detain me and send me back from there?shall go there with my bag and baggage?

[Casa]

If Border Officers have your passport and you will be reporting at the airport it would be wise to prepare to be detained on the day.

[wrony13]

shall i not have any other application right?as human right or anything?or judicial review?

[Obie]

Well you should have been truthful and say you are separated, then as a matter of law, they would not have had any basis for doing anything to you. But now you did not tell them that, how could you do that now.

[wrony13]

no,i forgot to mention that in the interview i already have told them that we are separated and she got another relationship and im going to file my divorce.

[wrony13]

thnx obie for your reply.would u plz tell me if it does help me and how?thnx

[Casa]

no,i forgot to mention that in the interview i already have told them that we are separated and she got another relationship and im going to file my divorce.

And did you say that she is no longer living in the UK? Although they may already be well aware of that.

The validity of the marriage may also come under scrutiny if you separated as soon as your EEA family permit was issued.

[Obie]

If you told them that you are separated, then as a matter of law, they cannot ask you to bring her.

[secret.simon]

Obie, given the OP's circumstances, in your opinion, does he have any grounds, under either EU law or UK law, to reside in the UK?

[wrony13]

the reason they have askd me to bring her was they wants to talk to her about her maintaining treaty right and living in this country bcz they said they have checked her travelling history and from that they found she has been living most of her time in poland and how she maintaining her treaty right in this country?they wants to know from her.

[Casa]

the reason they have askd me to bring her was they wants to talk to her about her maintaining treaty right and living in this country bcz they said they have checked her travelling history and from that they found she has been living most of her time in poland and how she maintaining her treaty right in this country?they wants to know from her.

Well it's obvious that she's not maintaining her treaty rights in the UK as she appears to be living in Poland. This is why you were stopped on entry and your passport held by Immigration Officers.

[secret.simon]

they wants to talk to her about her maintaining treaty right and living in this country bcz they said they have checked her travelling history and from that they found she has been living most of her time in poland and how she maintaining her treaty right in this country?

How did they find that out? I thought that the movement of EEA citizens within the EEA were not meant to be tracked. If they could identify that she was spending a lot of time in Poland, that opens up a lot of questions about tracking EEA citizens in the UK and privacy. I wonder if such data would be accessible through an SAR.

[wrony13]

i dont know where she was or what she has been doing.i was going to file for my divorce on the basis of adultry as she has a boyfriend now and im sure of it.but its too late now.in this situation,i dont have much time to prepare myself with docs and all as im due to be in the interview this week.please guys,from all of ur experience let me know what i can do.im just freaking out.dont want to be detained.plz help.

[Obie]

Why were you embarking on overseas trips when you know your matter were unresolved?

[wrony13]

i really didnt realize obie about all these.i thought my wife still was in this country. and had a serious situation with my mom.she wasnt very well.so i had to do it.
.

[wrony13]

please guys help me with your advice.what should i do now?

[wrony13]

hi guys,im my first post to this forum i mentioned that i was detained in heathrw airport while coming back from home,abd amy passport was detained as well .i was asked to attend an interview.so i been to interview and the out come is my eea famiky permit has been revoked and subject to removal fron this country with an appeal right.what should i do now?do i have rights to apply for retained rights of residence?
my histry in short
got married with eea spouse 13.05.2013
visa receiced after winning appel in april 2015.
separated since December 2015.
last met with eea spouse in 13.03.2016
not in this country atm.
applied for divorce on 15.05.2017.decision hasnt been done yet.
what is my best route to apply in this situation. please help.

[Obie]

So you told them she left the country?