Will they come and check?

Jellybean105 · Post by **Jellybean105** » Sat Aug 17, 2013 2:29 pm

Hi guys

We applied for EuFam for my husband a few days ago and was wondering if anyone comes to check if we are living at the address we gave? Or if we are together? I might have to visit UK for a few days to sort out some business and I'm worried that it might cause a problem.

Please can someone advise.

Thanks

IQU · Post by **IQU** » Sat Aug 17, 2013 4:30 pm

yes they do come and check it on some cases,i dont think its any problem if your going to visit for few days.if its geninue marriage there is never to worry

Jellybean105 · Post by **Jellybean105** » Sat Aug 17, 2013 6:33 pm

Thank you for your reply. Yes it is a genuine marriage. Has anyone had any experience? How likely is it? Does that mean I am allowed to travel back and forth UK while my husbands application is in process?

Post by **EUsmileWEallsmile** » Sat Aug 17, 2013 8:01 pm

I don't presume there is anything wrong with your case, perhaps you are preoccupied with matters. To set your mind at rest, it is perfectly normal in today's world that spouses are not in the same house every waking hour.

The EU citizen can be absent for up to six months without affecting their family member's residence. There is also settled case law that spouses do not have to be living under the same roof, cf Diattia.

Jellybean105 · Post by **Jellybean105** » Sat Aug 17, 2013 9:14 pm

Thank you EUsmileWEallsmile.

Well my husband and I have come a long way to try and stay together and I don't want to jeopodise it. But my parents need some help with business back in the UK so I was thinking of going back for a while after they send our documents back.
A family friend who I know has gone through a similar route says that my husband should be travelling with me until he gets his resident card. He stressed that hes only legal because I'm here. I am assuming that it will be okay after/if he gets a stamp 4 to staybin Ireland alone??

At the moment I am in two minds as to what to do. If its worth risking it or not.

Post by **EUsmileWEallsmile** » Sat Aug 17, 2013 9:21 pm

The law is very clear.

Absences of upto six months will not affect residence. It would be worth your while reading through directive 2004/38/ec.

Jellybean105 · Post by **Jellybean105** » Sun Aug 18, 2013 12:49 pm

I have read the directive but I can't find what you are referring to. Please could you clarify article number.

I found under article 11 point 2
"The validity of the residence card shall not be affected by temporary absences not exceeding six months a year"
But my husband has not yet been issued with a resident card, so would this apply in our case?

Thanks

Post by **EUsmileWEallsmile** » Sun Aug 18, 2013 8:12 pm

The same principles would apply. Stop worrying.

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Will they come and check?

Will they come and check?