After RC I left the UK what is my rights to get ILR ?

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 11:15 am

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 ?

Post by **Jambo** » Thu Jan 19, 2012 11:27 am

First of all - ILR is granted under the UK immigration rules. Under EEA regulations the status is PR (Permanent Residence). They are similar but not exactly the same thing.

What is your partner (the EEA national) doing? Is she/he still based in the UK? Do you live in the UK but just work in a different EU country or did you move to a different country?

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 11:31 am

we moved the other country we are not living in UK anymore.she is EU citizen.

Azhaar · Post by **Azhaar** » Thu Jan 19, 2012 11:49 am

if you are not coming back to the uk then u will lose your entitlement,, specially if your eu member has left UK..

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 11:53 am

what if I turn back on 4. year then I wil apply again for EEA permit or completely I wil lose this 5 years permit ?

Post by **Jambo** » Thu Jan 19, 2012 11:53 am

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.

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 11:57 am

I asked my lawyer about both residence he said UK accept both passport so they can accept both residence as well.

Post by **Jambo** » Thu Jan 19, 2012 12:03 pm

I don't follow - what do you mean "both passports"? Dual nationality?

Citizenship and residency are two separate things. You can be British and reside in France. You can be British & Italian (dual nationality) and reside in Canada.

fysicus · Post by **fysicus** » Thu Jan 19, 2012 12:06 pm

@JOZIO1453

if you have not done so already, you should now apply for a Residence Card in the country where you live now. If that is the country of origin of your wife you still have residence rights there under EU Directive 2004/38 (based on your wife's stay in the UK).
As Jambo pointed out, your UK Residence Card has now become invalid as both of you left the UK and settled in another country. Of course nothing stops you to come to the UK again at any time in the future, but then you will have to start from scratch again: first an EEA FP, followed by a Residence Card.

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 12:29 pm

I meant dual citizenship.
so if i will fly to London today,border police will not accept me right ?

fysicus · Post by **fysicus** » Thu Jan 19, 2012 12:38 pm

Dual citizenship has nothing to do with this discussion.

And yes, an IO would now indeed have the right to revoke your RC and refuse entry to the UK (if you are a visa national).

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 12:44 pm

Thanks for information.
have a nice day.

Post by **Obie** » Thu Jan 19, 2012 1:13 pm

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.

In light of my assessment above, i am not convinced he will be required to apply for an EEA family permit should he wish to enter the UK, in the short time

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 1:40 pm

I think I can leave UK for 6 months period in a year.just I wanted get some idea about it anyway I will contact with HO than i will write here what was the conversation.
Thx all.

Post by **Jambo** » Thu Jan 19, 2012 2:00 pm

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.

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.

fysicus · Post by **fysicus** » Thu Jan 19, 2012 2:05 pm

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.

JOZIO1453 · Post by **JOZIO1453** » Thu Jan 19, 2012 2:08 pm

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.

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.
MR. detective

Post by **Obie** » Thu Jan 19, 2012 2:37 pm

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.

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.

This concession is not subject to the intention of the person, but actual fact as to the length of absence.

fysicus · Post by **fysicus** » Thu Jan 19, 2012 5:19 pm

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.

Post by **Obie** » Thu Jan 19, 2012 8:12 pm

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.

Article 11 of Directive 2004/38EC States the circumstances in which a residence card becomes invalid.

A person who hold a valid residence Card does not require a visa under Article 5 of the durective or in the case of UK national Legislation an EEA family permit.

I was not saying anyone is correct or wrong, i was simply stating the provision of the Law.

Post by **Directive/2004/38/EC** » Mon Jan 23, 2012 1:45 am

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.

This is wrong.

The family member says that they have PR. What they do not have is a PR Card.

If they do have PR, then they will loose it if they are out of the UK for more than 2 years. (Worth visiting the UK every year for a weekend to retain the residence???)

Their RC card is only invalid if it is past the 5 year expiry date.

The OP might even be able to apply for their PR card by mail from the country they are presently living in. They should expect to have to fight a bit with UKBA to do this, but I would not be surprised if they succeed in the end.

Post by **Jambo** » Mon Jan 23, 2012 7:51 am

Directive/2004/38/EC wrote: The family member says that they have PR.

Where does he say that? He said he left two months after the card arrived not expired.

Post by **Directive/2004/38/EC** » Mon Jan 23, 2012 9:15 am

Jambo, you may be very correct. I think I misread it.

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 ?

Let me just confirm: how long did you reside in the Uk in total?

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After RC I left the UK what is my rights to get ILR ?

After RC I left the UK what is my rights to get ILR ?

Re: After RC I left the UK what is my rights to get ILR ?