CAN I LOSE MY RESIDENCE CARD???? * HELP*

Silva · Post by **Silva** » Sat Nov 05, 2011 12:46 am

My husband, an EU citizen, and I have the non-EEA family permit for 5 years. We married in 2008 and we live together in UK since 2007 and i got my residence card on 2009 with validity until 2014. My husband and I are about to buy a ticket to travel around the world for 8 or 9 months. My question is: AM I GOING TO LOSE MY RESIDENCE CARD WHEN I ARRIVE IN UK AFTER 9 MONTHS ABROA??? or the only problem I will face is to have the permanent residence when my RC expires? I am applying for an european passport anyway, so I may not need the permanent residence

Many thanks

Guerro · Post by **Guerro** » Sat Nov 05, 2011 8:42 am

It will definitely affect your permanent residence unless you were out of the country more than six months for solid reason

Silva · Post by **Silva** » Sat Nov 05, 2011 9:52 am

Hi Guerro, thanks a lot, but I am not interesting in the permanent residence as I am applying for a Italian passport (my husband is italian)

I would like to know if when I come back with my husband the UK can cancel/revocate my residence card because of my absence of for more then 6 months?? do you know?

Thanks

DestinyChild · Post by **DestinyChild** » Sat Nov 05, 2011 12:04 pm

Silva, you will have problems with the UKBA at the Airport if you spend more than 6 months out of the UK. If you're studying in another country, you wont have problems when coming back. However, you will have to provide evidence ( Letter of Admission to the College or University abroad, School ID etc ). Your RC could be revoked if you can't provide credible reasons as to why you spent more than 6 months out of the UK. Try and travel the world in 6 months. Cheers.

Silva · Post by **Silva** » Sat Nov 05, 2011 12:18 pm

Hi,

I've heard that the UKBA has no authority to cancel a family permit, only a court, is that true?? also, my husband is Italian and he has the right to like in UK so I have the right to stay with him and they cannot separate us, so what should I do with I want to travel abroad for more the 6 months and come back???

This is a bit unfair. He has been living here for 10 years and I arrived in 2007, so 4 years we are living together in UK (but my RC is valid until 2014), we have a life here, mortgage, etc and we can't have a long holiday break... amazing! I'm not doing nothing wrong and I'm not ilegal.

thanks

seputus · Post by **seputus** » Sat Nov 05, 2011 12:57 pm

Silva you're right - they do have to let you in. So while you may not qualify for permanent residence, when you come back to the UK they will have to let you in - at least on a "Code 6a" stamp or whatever it's called .. then once you're in again you could apply for another 5 year EEA2 stamp.

nonspecifics · Post by **nonspecifics** » Sat Nov 05, 2011 1:18 pm

Assuming the worst, the ECO might argue that you are no longer resident, if absent for more than six months, and want to revoke your current residence card.

However, RC holders are entitled to an in-country appeal against revocation. Thus, it is correct to say they must let you in.

As, you are not an illegal etc and if the EEA national is again exercising Treaty Rights ( or is a qualified person by other means), then you again have the right to reside. You can just apply for a new residence card.

Silva · Post by **Silva** » Sat Nov 05, 2011 1:19 pm

Seputus, thanks a lot. This is very good news for me!!. So if my RC is valid until 2014 and when I come back with my husband and they give me the stamp you said, can I wait until 2014 to apply for another 5 years? or do I need to apply straight away?

Thanks!!

Post by **Jambo** » Sat Nov 05, 2011 4:00 pm

You need to understand that your right to live in the UK is derived from your relationship to a EEA national exercising treaty rights in the UK. The HO just confirms your status by issuing the RC but you don't need to have one. On the other hand, even if you have one - if you partner stops exercising treaty rights, you lose your rights (even with a valid RC).

If the EEA national leaves the UK for more than 6 months, he stops being a resident and you lose your right to live in the UK.

Practically speaking when you come back, the IO will not know how long you have been away unless he asks you or flips through your visa/stamps in the the passport. He will probably just let you both in. Even if decides to revoke your RC, he should let you in as you are travelling together (have your marriage certificate with you just in case).

Once in country, I would not apply for a new RC as long as your husband is exercising treaty rights. However, in 2014, you are more likely need to apply for a new 5 years RC and not PR.

Post by **EUsmileWEallsmile** » Sat Nov 05, 2011 4:15 pm

One can always argue one's case at the border. We're married, spouse is EU.

Practically, the problem is getting to the border. You won't have this because your residence card will get you on a plane. Don't lose your passport and residence card while away! Keep copies.

Relax, enjoy the trip.

boloney · Post by **boloney** » Sat Nov 05, 2011 8:36 pm

Jambo wrote:
If the EEA national leaves the UK for more than 6 months, he stops being a resident and you lose your right to live in the UK.

.

Even if someone is PR in the uk? Her husband most propably is, he lived in uk for ten years.

Post by **Jambo** » Sat Nov 05, 2011 10:35 pm

boloney wrote:
Jambo wrote:
If the EEA national leaves the UK for more than 6 months, he stops being a resident and you lose your right to live in the UK.
.
Even if someone is PR in the uk? Her husband most propably is, he lived in uk for ten years.

You are right. I missed that detail about the husband.

Post by **EUsmileWEallsmile** » Sat Nov 05, 2011 11:53 pm

I hope you enjoy your trip. It will make such a difference when you can an Italian. I wish you all the best.

sjimoh112 · Post by **sjimoh112** » Sun Nov 06, 2011 5:18 pm

I wish you the best with the rtwt.

Why don't you protect your interest by getting the Italian passport first and be free from this sort of restrictions or better still just travel for 6 months?

A lot of thing can happen in a week not to talk about 8-9months.

Have fun

Silva · Post by **Silva** » Sun Nov 06, 2011 7:32 pm

Hi

Because nothing works very well in Italy and I am trying to book an appointment to take the docs but they only have space for second half of next year and after that I need to wait max. 2 years only because they are slow... And this is the moment for the RTW (for many reasons) and since this is something I will do only once I dont want to rush, you know what a mean...

I dont mind about the PR, my only concern is to lose the RC the moment I arrive at the UK airport with my husband because I dont want to apply again because this means send my passport to HO and wait a year (like last time). But after the help and info I received here (thank you all) I am up for it... 9 months around the world worth it, I think

Thanks!!!!

nonspecifics · Post by **nonspecifics** » Mon Nov 07, 2011 12:48 am

Bon voyage!

Hope you have a great time.

Silva · Post by **Silva** » Mon Nov 07, 2011 10:57 am

Good morning All,

I would like to thank you for all your help and support.

I called Home Office this morning and they told me that I will not lose my residence card, the only thing is that I may face some problems when itâ€™s time to get my Permanente Residence, thatâ€™s all.

Thanks again & Have a nice week.

elixya · Post by **elixya** » Sat Nov 12, 2011 10:48 pm

nonspecifics wrote:Assuming the worst, the ECO might argue that you are no longer resident, if absent for more than six months, and want to revoke your current residence card.

However, RC holders are entitled to an in-country appeal against revocation. Thus, it is correct to say they must let you in.

As, you are not an illegal etc and if the EEA national is again exercising Treaty Rights ( or is a qualified person by other means), then you again have the right to reside. You can just apply for a new residence card.

They did not let my husband with RC in, revoked it at the border within 1 hour (1 person's decision) and gave him out-of-country appeal only. Complete confusion with Family Permit - they have the same pre-printed form for both RC and FP!

nonspecifics · Post by **nonspecifics** » Sun Nov 13, 2011 2:53 pm

I believe it was unlawful to revoke the residence card and refuse admittance at the border- unless the residence card holder consented to this.

"5.1.19 Appeal Rights in revocation cases

All revocations of Residence Cards attract a full in country right of appeal under Regulation 26 of the 2006 Regulations."

Did you complain about this and seek legal redress?

Post by **Directive/2004/38/EC** » Mon Nov 14, 2011 12:41 am

Silva wrote:My husband, an EU citizen, and I have the non-EEA family permit for 5 years. We married in 2008 and we live together in UK since 2007 and i got my residence card on 2009 with validity until 2014. My husband and I are about to buy a ticket to travel around the world for 8 or 9 months. My question is: AM I GOING TO LOSE MY RESIDENCE CARD WHEN I ARRIVE IN UK AFTER 9 MONTHS ABROA??? or the only problem I will face is to have the permanent residence when my RC expires? I am applying for an european passport anyway, so I may not need the permanent residence

In what month did you get married in 2008?
When do you plan to leave the UK for your travels?

If you time it right, it is likely that your time outside the UK will not break the continuity of your residence.

elixya · Post by **elixya** » Sat Nov 19, 2011 10:45 pm

nonspecifics wrote:I believe it was unlawful to revoke the residence card and refuse admittance at the border- unless the residence card holder consented to this.

"5.1.19 Appeal Rights in revocation cases

All revocations of Residence Cards attract a full in country right of appeal under Regulation 26 of the 2006 Regulations."

Did you complain about this and seek legal redress?

I did not complain because my solicitor said it would be useless. He was not very helpful. We appealed but then withdrew it as it would be too expensive and would drag forever. Is there anything we can still do about it?

What do you mean: consented to this? Of course he did not but he had nothing to decide. They did whatever they wanted. He did not sign anything.

Post by **EUsmileWEallsmile** » Sat Nov 19, 2011 10:54 pm

[quote="elixya"][quote="nonspecifics"]I believe it was unlawful to revoke the residence card and refuse admittance at the border- unless the residence card holder consented to this.

"5.1.19 Appeal Rights in revocation cases

All revocations of Residence Cards attract a full in country right of appeal under Regulation 26 of the 2006 Regulations."

Did you complain about this and seek legal redress?[/quote]

I did not complain because my solicitor said it would be useless. He was not very helpful. We appealed but then withdrew it as it would be too expensive and would drag forever. Is there anything we can still do about it?

What do you mean: consented to this? Of course he did not but he had nothing to decide. They did whatever they wanted. He did not sign anything.[/quote]

Complaining should not cost money, solicitors do. A well written complaint will be well dealt with. If you have a cause for complaint, make it. In my experience, complaint are dealt with thoroughly and professionally. No complaint, would result in no action, a complaint might.

elixya · Post by **elixya** » Sun Nov 20, 2011 10:26 pm

Can I still complain if almost 6 months passed from the revocation?

Post by **Directive/2004/38/EC** » Sun Nov 20, 2011 10:51 pm

Absolutely! Do it!

But be careful how you say things if you still have an outstanding appeal. Be polite but clear with the facts!

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CAN I LOSE MY RESIDENCE CARD???? * HELP*

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