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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Why is that? His wife is not a qualified person in the UK any more.Obie wrote:I believe if OP left UK in Nov 2011 as stated in his initial post, then his Residence Card will be valid until the summer of 2012, around May to be precise, at the earliest. It could be November 2012 in certain limited situation provided for by the directive.
I do not care about PR but if i have right to get it why not i wouldnt.even we do not thinkin to back there and i was wonder what should happen to this RC.fysicus wrote:It seems to me that obtaining PR in the UK is more important for you than living together with your wife??
According to your story, you are now both living and working in another EU country and have apparently no plans to return to UK within one or two years. So sort out your residence in this other country and forget about UK for now.
Jambo the rules says absence for 6 months in every calender year or a one of absence of 12 months for pregnancy, child birth or military placement should not affect the validity of a Residence Card.Jambo wrote:
Why is that? His wife is not a qualified person in the UK any more.
Sure, he can claim that they went on a trip abroad for a few months and now he is coming back but if he is asked "where is your EEA partner" and he answers "we moved to live in Germany" then his RC should not be valid any more.
Article 11 of Directive 2004/38EC States the circumstances in which a residence card becomes invalid.fysicus wrote:I do agree with Jambo and I think this is one of the rare occasions where you may not be right, Obie.
The rules you quote are about continuity of residence (in the case of an application for PR). However, residence alone is not enough, the EEA national also has to exercise treaty rights in the UK. In the case of OP he clearly says that they (voluntarily I assume) left the UK to live and work somewhere else. Therefore the EEA national ceases to be a qualified person (by his own decision/action), and the residence rights for family members vanish automatically.
How UKBA would have to find out or what would happen in real life in case they would decide to return to UK within six months is another matter. It may well be that OP and his wife would get away with it.
This is wrong.Jambo wrote:If you both left the UK permanently, then you will not be able to obtain Permanent Residence in the UK as it is required you to live in the UK to obtain it.
In fact, your RC is also not valid any more. If you wish to return to the UK, you can apply for a EEA Family Permit to enter and/or a new RC from within the UK. Your 5 years clock will reset.
If you live in another EU state, you could gain PR status there after 5 years of residence under the EEA regulations.
Let me just confirm: how long did you reside in the Uk in total?JOZIO1453 wrote:I left the UK around 2 months after my 5 years recidence arrived(11/2011 i recieved).what shoul I do for ILR in this 5 years period,I am workin another EU country.is anybody out there with same experiance ?