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Discussion Starter · #1 ·
I need urgent help!

I am a non EEA national (Indian Passport) with a EEA FP.

Married to a EU national (Portuguese) on 11-12-2014
EEA FP issued in Portugal (Lisbon) to enter UK valid until 06th-June-2016 (Expired already)
Entered UK on 14th December 2016
Started working in February-2017 with proper contract and NI and tax
Applied for EEA residence card toward the end of May 2017 with my EU Spouse

As we applied for our EEA residence card towards the end of May 2017, we decided to separate/ divorce based on personal circumstances. My wife (EU National / Sponsor of my application) cancelled the Residence card application online and asked the home office to return our passports and documents back from the Home Office on the 5th of June 2017.

Since the breakup, I have moved out/asked to leave the house (address on my application) we use to live together and moved to an airbnb/temporary accomodation until I have my passport back. I also resigned my job as I couldn’t focus whilst going thru this rough time and my employer wasn’t willing to sponsor my visa to work either, therefore I had to quit my job.

Since we both got married in Portugal, I will have to go to Portugal to do the divorce procedures in the local court as her family is threatening to harm me if i do not cooperate with them in the divorce.

I have a Portuguese residence card valid until 2020 and I am allowed to work, travel within Schengen Areas however, I can’t leave UK without my passport. I do not have direct contact with my wife at the moment nor do I live in the same house where we applied our EEA residence application from. I have been told by my wife that we will receive our documents within 10 working days however, Its exactly 11th working day today. I am worried that I don’t have no document on me to prove that I have the right to live in the UK besides my Portuguese Residence Card. I can’t seek for a temporary job, a place to rent or roam anywhere without a valid Identification.

However, a week ago I asked my wife thru a message if I have any posts/letters in my name and there were a few letters on my name was handed over to me by her brother. One of the letter was from the Home Office asking me to do the Biometrics at a post office which was sent to me on 2nd June 2017, which clearly means that the Home Office did not receive the cancellation of EEA Residence Card request when they sent out this Biometrics letter.

I am confused if I am suppose to do the Biometrics enrolment at the post office or to wait for my Passport or should I go to seek legal help? I am more worried about my EEA FAMILY PERMIT is expired and I can’t exit the country or Stay in the country or get a job or find a place to stay.

Can someone please help me or suggest me what to do in this situation? I have tried calling all the numbers listed on GOV website and Home Office website , UKBA etc. I have sent several emails to all the departments with no response so far.

If the Home Office returns my passport, will I be deported? Do I have to go back to India? or will I be able to go to Portugal instead? Do I have to pay any fines for overstaying (it wasn't Intentional since I am waiting for my passport to exit)?

My intention is to go to Portugal and finalise my Divorce and apply for a valid visa to re-enter UK to work again.


Please help!
 

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Clearly the Home Office hasn't yet acted upon cancellation of your residence card application on the ground of marriage break-up. Until they do and return your passport, you can stay, and then you are usually given 28 days to leave. As you have been married less than 3 years and have been in UK for less than a year together, you aren't entitled to derivative right under EU law.

Don't do biometrics, and just wait for your passport to be returned. You have no longer right to stay in UK, and if you don't go voluntarily, you will be forcibly removed. There are no mitigating circumstances like children. Your Portuguese residence permit is based on your substantive relationship with your wife, and as it has broken down, you have lost your right to be there, so your permit will be cancelled and you will have to leave eventually. You wife and her family can report you to the authorities as an illegal and hasten your removal. So yes, you will have to return to India. You are then free to apply for sponsored work visa if your employer is willing.
 

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Well if you your relationships end your portuguese residence card will not be effected you can keep your residence its says on their immigration site sef.there is no law of three years of marriage to qualify for retain right of residence in portugal yes in uk as long as you are not divorced and waiting for your passport you are not illegal and expiry of eea family permit does not matter you can travel without any problem from uk to portugal and once you in portugal seek a legal adivce.i am also married to a portuguese citizen and we used to travel uk only on portuguese residence card and sometimes i travel alone to portugal without any problem..
 

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Yes, her situation in Portugal is governed not by EU regulations but by domestic Portuguese immigration law.
 
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