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Yes i think the later is going to be more like it.86ti wrote:Her rights under the EEA regulations depend on you being resident in the same member state and exercising treaty rights. If you leave the UK only temporarily (typically for not more than six months per year), i.e. you do not give up residence in the UK, she would still be covered. If you were to become a cross-border worker, i.e return to the UK at least once a week, she should be still covered too.
Nope. As long as you two stay married and you keep exercising the treaty rights, her status is perfectly legal, with or without EEA FP or Residence card.chursy wrote: Also my understanding is that i am not obliged to apply for the resident card after the end of the 6 months of the family permit, but would be desirable in order for her to get work in UK is this correct? Is she going to be an illegal resident after her family permit is up?
EEA FP allows your wife to be admitted into the UK only.chursy wrote:Can she travel to MALTA with me on the UK Family permit, she also has a 5 years EEA dependant visa stamped on her passport from Dublin.
Only so long as you remain resident in Ireland. See http://eumovement.wordpress.com/2011/09 ... eed-to-do/chursy wrote:1) Can she travel with me on the existing EEA2 resident card ( from Ireland) to Malta?
Only so long as you remain resident in the UK. See http://eumovement.wordpress.com/2011/09 ... eed-to-do/chursy wrote:2) If she is to stay in UK, Can i apply for the resident card for her on the basis that i am based in Malta and will be travelling back to UK frequently ( less then 6 months)
I am in process of registering her with the medical council here in Uk for an exemption on exercising ei treaty rights and was hoping if I can apply for the resident card on the basis that I will be supporting her and she will be based in Uk. Ofcourse once the registration is done she can always move to Malta.Directive/2004/38/EC wrote:Why do you want her to stay in the UK?
In general she has a right to be WITH you. She does not have a right to remain after you have fully left.
Sorry to bother you again Guru, i need your advice.Directive/2004/38/EC wrote:You have to meet these requirements to get an RC http://www.immigrationboards.com/viewto ... 957#540957
and likely need to be considered self-sufficient and have CSI
The question is not what documents your wife holds but it all depends on you, the EEA national, exercising treaty rights according to the EEA regulations. The legal situation has been explained to you now several times.chursy wrote:my understanding is once the resident card is endorsed, would it be an issue whether i am here or there in malta?
I am not trying to be rude here but with a question like this you simply sound like someone who is trying to cheat. You may want to consider your wording too.chursy wrote:No need to be rude. I know the legal situation. The question is whether, there is a control to find out otherwise, which i dont think there is.
Subject to the residence definition of the EEA regulations of course. If you take up employment in Malta you cannot be considered a jobseeker anymore (you are obviously not available for work) and you will be a resident of that member state unless you return frequently as explained.chursy wrote:I have a permanent base here in UK and can prove that i am based in UK as a jobseeker.
The problem, as a number of people have pointed out, is that you have not found a loop hole. Your wife can not remain in the UK unless you remain resident in the UK. http://eumovement.wordpress.com/2011/09 ... eed-to-do/ outlines what you will have to do to remain resident in the UKchursy wrote:identifying a loop hole in the system is not considered cheating.
Sure. If I choose so.chursy wrote:@86ti - whatever!! move on!.
Unfortunately, you are the one who is mistaken here. Residence documents (not visa) under EEA regulations only confirm EEA rights at the time the caseworker makes the decision. This does, however, not mean that this right perpetuates unconditionally. In fact, you still need to be resident and exercise treaty rights according to the rules. No controls does not equate to lawfulness.chursy wrote:@ Directive - Think you are mistaken, loophole is around the fact that once a resident visa is issued, i dont think there is a control around the fact that checks your eligibility for being resident /not resident.