Residence Card Validity

[iameea]

Dear Sir/Madam

I am an EEA citizen and working in UK. My wife is a non-EEA citizen and has applied successfully the Residence Card this year. Now she is absent from UK since 29-1-2010 and expects to come back UK by September.

I understand her continuity of residence in terms of PR after 5 years will be broken if she is absent from UK for more than 6 months during this period. I don't concern applying PR after 5 years, but just worry if the validity of her residence card is still ok or revoked if she re-enter UK after six months of absence from UK. In other words, is she OK to enter UK by September?

Where is the official documents stating this breach of validity of RC.

Thanks and regards
An EEA citizen

[iameea]

Dear any helper

By the way, I'm working in UK until September when I'll leave UK and back with my wife together in this month.

Iameea

[86ti]

Unless she has a good reason for a longer absence her RC will loose validity after an absence of longer than 6 months, see http://www.opsi.gov.uk/si/si2006/20061003.htm#3 . She may be ok entering the UK (the airline, etc. will let her board) provided you are still exercising your treaty rights. But she may have to explain the details of your stay and her absence to the immigration officer. Better equip her with some proof (employment letter, pay slips, utility bills, council tax statement, etc.) that you are still in the UK under EEA regulations before she enters.

[86ti]

Dear any helper

By the way, I'm working in UK until September when I'll leave UK and back with my wife together in this month.

Iameea

That will make it probably much easier.

[iameea]

Dear 86ti

Unless she has a good reason for a longer absence her RC will loose validity after an absence of longer than 6 months, see http://www.opsi.gov.uk/si/si2006/20061003.htm#3 . ..

I've already read this. It dosen't state any problem on entry clearance an non-eea member will come across by the time she re-enter UK after six months. Is the loss of continuity of RC equivalent to the failure of right of entry clearance?

Thanks and regards
Iameea

[iameea]

hi all readers

how about any similar thread will answer or clarify my wife delay-to-enter case

thanks

[86ti]

I've already read this. It dosen't state any problem on entry clearance an non-eea member will come across by the time she re-enter UK after six months. Is the loss of continuity of RC equivalent to the failure of right of entry clearance?

Look, you will have to read the whole document (and probably more...) to understand the rules. You cannot possibly hope that you will find detailled instructions what happens in a particular situation like yours. The fact is that under normal circumstance the RC will lose it's validity after six months (non-continuity of residence) and you'll start over again from square one. It is your and your wife's responsibility to inform the authorities about any changes in your circumstance. What you describe is obviously one. If you are concerned that you may encounter problems on re-entering than have your wife apply for an EEA family permit. That's certainly the 'cleanest' way of handling your situation and probably what HO would advise you to do.