EEA PR, FP & Relocation

[colinm]

Hi

Appreciate guidance on following scenario.

I am a EEA national have obtained PR and do have this confirmation in form of blue EEA Permanent Residence Card for UK

My wife currently on EEA FP which is valid until 2017, is residing in UK with me and without a job until now.

I have now obtained an job offer in my EEA home country and am in process of making a decision to relocate..

As the job offer is new I don't want to take the risk of relocating at least for first couple of months with full family.

My query - can my wife continue to remain in UK whilst I settle down in my home country? If yes, what is the maximum permitted period can she continue to remain in UK on her own? I will be visiting UK on fortnightly/monthly basis for 2-3 days.

Any additional info on above is highly appreciable.

Thanks

Colin

[EUsmileWEallsmile]

This is an interesting question. Have you read directive 2004/38/ec? If not, please do so.

In my view and for this situation, the only practical effect of you having permanent residence is that you no longer have to demonstrate that you are a worker, student or self-employed person. Your situation is analogous to say a worker, who moves abroad for work. You can be away for up to six months per year without interrupting her residency (if it were a posting, you could be away for 12 months).

For you, you will not lose PR unless you are absent from the UK for more than two years at a time.

For your wife to build up PR in her own right, she needs to have lived with you in the UK for five years. She could be absent from the UK, in general, for up to six months per year without affecting this.

The directive says in article 10, that absences of up to six months in duration will not affect the validity of the residence card. It does not specify who this relates to (EU, non-EU or both).

(Also, in the event of the EU citizen's permanent departure, the non-EU citizen may retain the right of residence in certain circumstances).

[colinm]

Thanks for valuable information.

Would it be easier for her to reside in UK if I choose to become a British Citizen?

Best Regards

Colin

[EUsmileWEallsmile]

Thanks for valuable information.

Would it be easier for her to reside in UK if I choose to become a British Citizen?

Best Regards

Colin

I don't think it would make any positive difference.

[colinm]

Hello

Understand on EEA route maximum self n spouse can be out of UK is 6 months in a year.

As my spouse is not keen on moving to my home country can she apply for UK settlement visa on the basis of self having PR which as I understand does not expire until I am out of UK for more than 2 years.

Just for further clarification she currently holds EEA residence valid visa for 5 years and we have been married for over 3 years.

Any additional info is highly appreciated.

Many Thanks

Colin

[Directive/2004/38/EC]

You have PR. Can will loose that if you are out of the UK for more than 2 years without returning. 6 month periods are not relevant to you.

If you intentionally leave the UK permanently, then your wife may (or may not be in a difficult situation). But if you continue to live in both the UK and the other country, I do not see that your wife will have any problem. Many people have multiple homes. I have done it myself for a while. I would urge you to keep on with your normal life in the UK: do not close your bank account, move out of your apartment, etc...

The entire period of her residence in the Uk counts towards her PR, assuming you have continued to legally reside in the UK. That includes periods of time when you happen to be outside the UK. This is no different than any other couple.

[colinm]

You have PR. Can will loose that if you are out of the UK for more than 2 years without returning. 6 month periods are not relevant to you.

If you intentionally leave the UK permanently, then your wife may (or may not be in a difficult situation). But if you continue to live in both the UK and the other country, I do not see that your wife will have any problem. Many people have multiple homes. I have done it myself for a while. I would urge you to keep on with your normal life in the UK: do not close your bank account, move out of your apartment, etc...

The entire period of her residence in the Uk counts towards her PR, assuming you have continued to legally reside in the UK. That includes periods of time when you happen to be outside the UK. This is no different than any other couple.

Hello

In reference to above I have been commuting to UK twice a month since last 5 months. Have maintained dual homes, bank accounts etc.. My wife has secured a job in UK and would like to know how long can I continue commuting in order that it does not have any effect on her EEA residence card.

Just to recap I have a EEA PR Card and wife is on Non-EEA Residence card.

Additional advice welcome. many thanks

best wishes

colin