EEA Family Permit - rights if my partner leaves the UK

[LaChicaSola]

Hi all

I'm new here, but there's loads of great advice on this board and I'm hoping you can help me.

I'm from NZ and I've been with my spanish boyfriend for 5 1/2 yrs. We lived together in london for about 4 years and in August 2006 I swapped from a work permit to an EEA family member residents permit.

We are now in spain (left england in Nov) where we aren't clear on whether I can live and work here as his unmarried partner. Also, as I don't speak the language it would be almost impossible for me to find work even if I did have permission to live and work.

I'm thinking about returning to the UK to work (on a short/med term basis while saving up to study more spanish in spain) as we can't afford to remain in spain without me working. My partner now has a job and can't return with me.

We haven't yet advised the home office of our move as we weren't sure if it would be permanent.

Do I have the right to return and work without my partner?

Also, I read on the home office website that if the partnership disolves that in some cases the non EEA partner can retain the right of residence. Has anyone gone through this process or does anyone know what is involved? I wonder if this could be an option to remain on this side of the world but work in the UK where I can pursue my career and still commute on weekends to my boyfriend in spain.

Any advice appreciated

Thanks

[thsths]

We are now in spain (left england in Nov) where we aren't clear on whether I can live and work here as his unmarried partner. Also, as I don't speak the language it would be almost impossible for me to find work even if I did have permission to live and work.

As far as I understand, Spain does not recognise unmarried partners, but I could be wrong. I assume that you do not have the right to work. Did you file any paperwork (i.e. for a residence card), or are you still on a tourist visa?

I'm thinking about returning to the UK to work (on a short/med term basis while saving up to study more spanish in spain) as we can't afford to remain in spain without me working.

Hm, that could be tricky. You can only do that once you have reached permanent residence, which is after 5 years. The 5 years start when you were eligible for the residence card. Since you applied as an unmarried partner, that would be 2 years after you moved together. So I think this does not work.

Do I have the right to return and work without my partner?

That looks like a no.

Also, I read on the home office website that if the partnership disolves that in some cases the non EEA partner can retain the right of residence.

Yes, but this usually only applies to marriages or registered partners. It may be worth a try, but I don't think you qualify.

Tom