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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
You are right. I missed that detail about the husband.boloney wrote:Even if someone is PR in the uk? Her husband most propably is, he lived in uk for ten years.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.
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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 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.
In what month did you get married in 2008?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
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?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?