non-EEA permanent residence and the 6 month rule

[epoh]

Dear All,

I hope you are all doing well. I need your help to clarify some aspects of the EEA procedure that are not that clear to me.

We recently got the residence card, and we have the intention to apply for a permanent residence in 5 years time.

I understand the EEA national shall not be out of the UK for more than 6 months in a given year. Does that apply also to the non-EEA national?

In case it did, suppose that the non-EEA national had to stay out of the country for more than 6 months during a given year. If that was the case:

1. Could s/he enter the country with the EEA2 residence card (assuming the EEA national was still in the UK)?

2. After 5 years have passed, we should apply for a new residence card, instead of a permanent residence, shouldn't we?

Thanks in advance for any feedback!

Best regards,

Epoh

[epoh]

Dear All,

Since I see that my post did not receive any reply so far, let me rephrase my main question as follows.

Suppose the non-EEA national is employed by a business located in another member state and s/he has to work in a third country (not part of the Union) for more than 6 months in a given year. Would this affect the validity of her/his residence card?

Thanks for any feedback!

Epoh

[Jambo]

Yes.

The 6 months rule applies to non-EEA national as well. It would just mean that he/she will need to apply for another 5 years Residence Card. After 5 years of residence in the UK without breaks, she/he will obtain PR.

[epoh]

Thanks Jambo.

To recap. The residence card will be valid until 2016.

If, in the meanwhile, the card holder (non-EEA national) is out of the UK for more than 6 months in a given year, s/he will NOT be able to come back to the UK with that same card.

Thus, how could s/he enter the UK if the EEA national is still there?

Thanks in advance!

[Jambo]

Is the absence going to be a single long one or will the non-EEA national visit the UK from time to time during the work abroad?

Technically, if the absence is more than 6 months, then a new Family Permit is required. Practically, she/he would be allowed in without any questions (maybe just asked if the spouse is still in the UK). I don't think that UKBA border control can see on their screen how long you have been absent from the UK.

[epoh]

The non-EEA national will most probably visit the UK from time to time during the period of work abroad.
Would this make any difference according to the law requirements?
Thanks!

[Jambo]

Depends.

There has been a long discussion here on how the continuously of residence gets counted. So depending when the non-EEA national travel abroad, some of the absences could get counted for one year of residence while the other absences might be counted for the following year so in total he/she will not be more than 6 months abroad in a single year.

Also if he/she goes abroad and returns, then until the 6 months abroad have passed, he/she can use the EEA2 Residence Card without any problems.

As I wrote, in practice, It is very unlikely he/she will have any problems entering the UK even if he/she spent more than 6 months abroad in a given year.