EEA Family member residence card issue

[katdema]

Hi Guys

I was wondering if anyone can help with this. My husband has an EEA family member residence card valid for 5 years in his passport. It is still valid but we have both been out the Uk for just over 2 years. Now I went onto the UK borders website to check if it would be a problem getting back in or if I need to get a family permit for him. All I could find was:
" Non-EEA family members who have a valid residence card do not need to get an EEA family permit each time they enter the UK after travelling abroad"

Given the above statement I would naturally think it would not be a problem but I am just making sure as I don't want any drama on the other end.

We are not interested in applying for permanent residence and I am aware that to apply for permanent residence you can't be out the country on your 5 year residence card for more than 6 months. I am also aware that once you have applied for permanent residence you can't leave the country for more than 2 years.

All I really want to know is will he have a problem getting back in. I have searched everywhere and all I can find is information regarding waiving permanent residence. Even in the information regarding the 5 year residence card it does not say that card will no longer be valid if you are absent for more than 6 months all it says is you can't apply for permanent residence.

Also we both have employers in the UK, we have accomodation, plus some financial resources in a UK bank account for when we arrive. Which means I as the EU passport holder will be exercising Treaty Rights.

Thanks, any advice would be greatly appreciated.

[86ti]

Even in the information regarding the 5 year residence card it does not say that card will no longer be valid if you are absent for more than 6 months all it says is you can't apply for permanent residence.

It follows straight from the EEA regulations that residence is subject to conditions and from that, logically, that your husband's residence card has lost its validity. The RC itself can't therefore be the basis for admission. But since all EEA related documentations are just that, i.e. do not grant a right that you wouldn't have without them, your husband must be allowed to enter on the basis of being a direct family member (carry the marriage certificate just in case). You may, however, have to explain your circumstances when entering. Since you are both together the IO might not even be asking but be prepared for that. It is hard to say what could possibly happen as not all IOs seem to have much knowledge of EEA regulations.

[mcovet]

It does state in the regulations that right of residence is not affected by absences not exceeding 6 months in each year. So, clearly, the 5 year period towards PR would tick afresh.

But, as far as I know, the UKBA and the Immigration Authorities at the border do not hold the details of your entry/exit history.

For all they know, you left a week/month ago and are coming back. They would judge the details of entry/exit by looking at your entry/exit stamps from the UK (when you arrive) and other countries you go to.

Unless someone can state for sure they have access to that info on the screen upon your hubby's entry, I doubt you even need to mention the period of absence. If you travel together, they have a guidance which states that they should keep the queries to the minimum. If he were to travel alone, one of the questions they usually ask is how long you have been absent from the UK. So, it all depends on the circumstances, but again as far as I know, they can't/don't have access to your travel history as a fam memb of EEA national

[katdema]

Thanks for the replies. Helps a lot.

Do you think they will haggle him as we will have to be in a different queue?

Also, sorry this is what I meant regarding the 5 year residence card and this is on the uk borders website under permanent residence which we are not aiming for.

"Permanent residence
After you have lived in the UK for a continuous period of 5 years, you can apply for confirmation of your permanent residence. You must have been in employment, in self-employment, studying or self-sufficient in the UK throughout the 5-year period.

For your residence in the UK to be considered continuous, you should not be absent from the UK for more than 6 months each year. However, longer absences for compulsory military service will not affect your residence. Additionally, a single absence of up to 12 months for important reasons such as pregnancy, childbirth, serious illness, study, vocational training or posting overseas will not affect your residence."

(that is me presuming they are talking about the affect on applying for permanent residence not the actual 5 year residence card)

Should they not put in there somewhere or on your residence card "no longer valid if absent for x amount of months, years, whatever? They must get loads of people just returning on the RC who have been away for long periods of time not wanting to apply for permanent residency. I saw someone else post that they returned after 9 months without a problem.

I just find it not very black and white. Other people have said as long as the EU passport holder is exercising treaty rights then the periods of absence don't matter unless you are wanting to apply for permanent residence after the 5 years.

I guess if the have no history of entry and exit I suppose then it can't really matter to them and the date of the RC only expires after next year.

Thanks again, greatly appreciated!!

[86ti]

Should they not put in there somewhere or on your residence card "no longer valid if absent for x amount of months, years, whatever?

There are more conditions than just that one and it is the holder's responsibility to know about all of them (just like in the other visa/residence permit categories). In your case, it really doesn't matter and you shouldn't worry too much.

[katdema]

I think I will just phone and ask them what procedure they want me to follow. Just to be safe.

Thanks so much.

[fysicus]

Do you think they will haggle him as we will have to be in a different queue?

You will not have to be in a different queue! Residence Card holders are allowed to use the EU queue.
Just go in the EU queue together, hand in both passports simultaneously to the IO and don't say anything unless they ask you something.

"Don't awake sleeping dogs", as they say in my country!

[mcovet]

I think I will just phone and ask them what procedure they want me to follow. Just to be safe.

Thanks so much.

Well i wouldnt advise doing that. Technically the rc is invalid even though hubby is still allowed to be in the uk. They will prpb tell u to apply for a family permit if the rc is invalid. Sounds ridiculous but thats the likely outcome

[winterbird]

I think I will just phone and ask them what procedure they want me to follow. Just to be safe.

Thanks so much.

Hi! I'm in a similar situation as your husband. My husband is EEA, I'm non EEA with UK Resident Permit valid til July 2012. We've been living in US for a bit over 6 months now and we are thinking about going back to UK end of 2011 for good.

I am also wondering if my Resdience Permit is still valid when I re-enter UK. You mentioned that you are checking with the UK Border Agency, did you get an answer from them?

We are actually passing through UK next month on route to Greece for a holiday, I don't suppose that trip will pose any problem? I can travel visa free to UK as tourist even without the EEA family member status.

I'm just wondering when a family permit is needed.

Any advice would be appreciated.

[goose1]

Hi,

I was wondering if there was any update on this. I am in a similar situation and want to know if my wife has to reapply from scratch for the EEA family permit and residence card, or if we can go back to the UK with her valid residence card despite being out of the UK for 2.5 years.

[ulinka_kalinka]

Hello, I am non-EU family member of British citizen, we have been living in Spain almost for 2 years, had a child born there, who got British passport. We are in UK now and want to apply for residence card under Surinder Singh case. We are not sure if we got enough evidence to prove:
-we got both residence cards,
-bank accounts,
-national insurance numbers,
-me and child had a private insurance in Spain as well
-contract we rented apartment with our signatures
-my husband was working there til February 2016 and after from June til August he was self-employed, but he stopped it didn't went very well.
To be on safe side maybe we should get more documents in UK also?

Thanks in advance

[afizah]

Any update on this issue? do we need to apply for new EEA family permit? or still, you allow to use residence card after 2 years outside the UK.

Please let me know your thoughts.