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fysicus wrote:@busya13
The way you describe it means your husband has stopped exercising treaty rights in the UK almost a year ago. You have also been physically absent from the UK for more than six months in the last year. Because of that your Residence Card has become invalid automatically as well, despite of the expiry date somewhere in 2014 mentioned on it.
Now I don't know of course whether UKBA is aware of this. If you travel together it is very well possible that they let you in without asking any questions. The proper procedure for an IO in your case would be to revoke your RC when you arrive at the border, and then let you enter the UK on a code 1A stamp.
It might be that you were entitled to PR when you left UK last year, but apparently you never applied for confirmation of that (EEA4). That depends on your immigration status in the UK during the 6,5 years you lived here. Your RC was apparently issued in 2009 but you don't give details about the period before.
First of all I do not see a fundamental difference between these two options. Rights under the EEA regulations depend on your actual circumstances, not on the existence of a piece of paper. The family of OP have left the UK to settle in another country and by doing so they have given up all residence rights in the UK. On the other hand of course, nothing stops them to move back to the UK and to live and work here again. But then they will be in the same situation as someone who never lived in UK before (if that's what you mean by resetting the clock), apart from some practicalities; I suppose you could still use your old NI number, for example.Punjab wrote:Hi fysicus are you sure that RC becomes invalid if no treaty rights are being fulfiled. I thought that the clock is reset only.
the exception will be if they will have CSI or EHIS card from outside UKfysicus wrote:First of all I do not see a fundamental difference between these two options. Rights under the EEA regulations depend on your actual circumstances, not on the existence of a piece of paper. The family of OP have left the UK to settle in another country and by doing so they have given up all residence rights in the UK. On the other hand of course, nothing stops them to move back to the UK and to live and work here again. But then they will be in the same situation as someone who never lived in UK before (if that's what you mean by resetting the clock), apart from some practicalities; I suppose you could still use your old NI number, for example.Punjab wrote:Hi fysicus are you sure that RC becomes invalid if no treaty rights are being fulfiled. I thought that the clock is reset only.
Code 1A stamp is just an UKBA internal name for an immigration ink stamp in your passport. It is usually given for 6 months entry and allows you to work in the UK. If you are admitted to the UK as a EEA family member and you don't have a EEA Family Permit / Residence Card in your passport, that is the stamp the IO will place in your passport.busya13 wrote: 1. what is 1A stamp? how i do i qualify for this?
There are other ways to prove his employment (letter from employer, tax records) but if you are not interested in living in the UK in the future, you don't need to apply for a PR.2. my hubby never applied for eea1 cos he worked always for an agency and he didn't have his payslips they were lost there were gaps between jobs longer than 1 week etc but i was given eea 2 regardless. we are not interested in going back to UK permanently at the moment just want to visit now and then
Only if you are serious risk to national health or security. You should be fine. Just carry your marriage certificate with you just in case.3 can they turn me away at the border if i am traveling with my family but my RC is revoked?
That's very interesting. Thanks for the link.Directive/2004/38/EC wrote:See http://eumovement.wordpress.com/2010/08 ... to-travel/