faruk last edited by
My query relates to eligibility for the right of permanent residence in the UK. I am a non EU citizen and unmarried partner of a EU citizen.
I obtained a residence card on the basis of unmarried relationship with an EU citizen and I lived with my partner in the UK following the issue of this card for a period of 3 years. From 2009 to 2012.
However, I broke up with my partner.
We are no longer living together.
The Home Office has refused my application for permanent residence on the grounds that we are no longer live together. I have appealed this decision.
First tier tribunal refused my appeal and now I applied first tier tribunal for permission of appeal and waiting for result.
I collected few information from European law ,
According to EU law, if you and your partner have separated, the rights accruing on the basis of EU law no longer apply. You are not in the situation of a spouse, thus a family member covered under article 2 Directive 2004/38, whereby your rights of residence in the UK are retained even in the case of separation (on the authority of the case of Diatta (case C 267/83).
I am also in the UK more than ten years. Even I am not allowed to go back to Bangladesh because of my writing and I never been to Bangladesh in decade. I published books against current government.
Could you please advise me what is my solution and can I take any steps . Your any good advice will be helpful for me.
Due to the complexity of your case, please contact our office to discuss it in more detail.