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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7617
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hello sir/madam I am an Albanian citizen. I have been living

Customer Question

Hello sir/madam
I am an Albanian citizen.
I have been living in UK for more than 11 years.
I have a residence card, member of the family of an EEA national.
My visa is valid until 25 Feb 2014.
I have been questioned twice from customs at the Gatwick airport
regarding my relationship, which is broken with my polish partner.
They told me at the airport to call the home office regarding my status.
I never had the certificate of marrige and I told them that I don't know the type of visa I have, and if it was a visa for unmarried couple they suggested I should leave the country. I'm ready to give you the file which is at my solicitor's office,because my solicitor told me that I should wait until 25 of Feb 2012 to be able to apply for leave to remain.
the question is; What procedure should I follow to sort out this problem, so I can travel
as soon as possible? If I travel in March would the customs be able to refuse entry to me?
I am self-employed and I work as an electrician in contruction industry.
Tell the best solution, please! Thank you very much!
Submitted: 5 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 5 years ago.

Hi,


We are not permitted to accept instructions from the public, so you could not send any expert your file. This is for general advice only, which I am happy to give if you wish to proceed?


Please confirm.

Tom

Customer: replied 5 years ago.
Ok just reply my question please
Expert:  Thomas replied 5 years ago.

Are you married?

 

When did you come to the UK and was this on the basis of your relationship with your Polish partner?


Tom

Customer: replied 5 years ago.
I entered Uk illegally on 8 May 2001. I was an asylum seeker.
Since 2005 I was living with my polish partner. I applied for residence card in 2008
Expert:  Thomas replied 5 years ago.

 

Hi,

 

Thanks for your reply.


I agree with the solicitor. If they are aware that the relationship has broken down then they would say that your right to remain here has ceased because your visa is based upon your relationship of an EEA national. If that relationship ceased, then the basis of your visa would also ceased.

 

IN such circumstances married spouses can retain their right of residence once they have been in the country for one year and married for the preceding three years. You relationship is that of an unmarried partner, so your solicitor is advising you to reach the third year of your relationship and then apply to retain your right arguing that you should be afforded the same rights as a married person would have despite the fact that you are an umarried partner. I agree.

 

You may have difficulty coming in and out of the country if the UKBA know that the relatiosnhpi has broken down, so you should establish if your partner has informed them and certainly refrain from disclosing the fact to them yourself.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

Thomas and other UK Immigration Law Specialists are ready to help you
Customer: replied 5 years ago.
Hi sir again
Is there a problem if I travel to Albania for Easter time?
The customs know that my relationship has ended. Would you advice me to travel?
Expert:  Thomas replied 5 years ago.

It's a lottery. If they are certain the relationship has ended then they may prevent you from re-entering.


Tom

Customer: replied 5 years ago.
What is going to happen to the law which says, 10 years in uk and you can apply for permanent residence. Shall I apply?
Expert:  Thomas replied 5 years ago.
This is only available if you have an unbroken chain of legal leave to remain. You were illegal for a time, so it would be 14 years before you qualify, or 10 years from the date you regularised your stay.

Tom
Customer: replied 5 years ago.
So you're saying that the best option is to wait and apply in march?
Expert:  Thomas replied 5 years ago.
Correct.
Customer: replied 5 years ago.
Ok thank you very much sir!
Expert:  Thomas replied 5 years ago.
No problem. Good luck.

Tom
Customer: replied 5 years ago.
Hi sir! If I travel after 25 of February would the customs be able to refuse entry to me?
Expert:  Thomas replied 5 years ago.
Yes, you have to make a specific applcation to retain your rights. It does not happen automatically.

Tom