quick question about visiting uk

[busya13]

hi! i wonder if anyone can help. i have been living in the uk for the last 6,5 years till February 2011. I am dependent of a Czech citizen. In February last year we left to Czech republic and ended up staying here till now January 2012 . i do have a residence stamp in my passport till 2014. if i would like to visit uk for a short holiday with my husband and daughter who was born in czech republic and is a czech citizen as well. do i need to apply for a new visa and which one would that be? i understand immigration wouldn't let me in to the uk with the old residence stamp? thank you in advance

[Punjab]

if its still valid than its ok but you should be entering with her or to join her otherwise you will need a visa

[fysicus]

@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.

[Punjab]

@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.

Hi fysicus are you sure that RC becomes invalid if no treaty rights are being fulfiled. I thought that the clock is reset only. Now in this person’s case I don’t think IO will have any objection for him/her to enter the UK if the EU/EEA spouse is with him/her no matter if they are working here or not. They will be asked questions about residence in the UK but I don’t think they will be stopped entering the UK.

[fysicus]

Hi fysicus are you sure that RC becomes invalid if no treaty rights are being fulfiled. I thought that the clock is reset only.

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.

[Jambo]

The main advantage is having something in the passport to show to the airline. The UK will let them in regardless (worth carrying a marriage certificate just in case).

As fysicus mentioned, they might have gained a PR status but that depends on what the EEA national did in the UK for 6.5 years.

[Punjab]

Hi fysicus are you sure that RC becomes invalid if no treaty rights are being fulfiled. I thought that the clock is reset only.

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.

the exception will be if they will have CSI or EHIS card from outside UK

[busya13]

wow thanks for these answers. It all sounds like they would let me in, right? could never find this out on my own as short on time! just few questions and notes:

1. what is 1A stamp? how i do i qualify for this?

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

3 can they turn me away at the border if i am traveling with my family but my RC is revoked?

many thanx

[Jambo]

1. what is 1A stamp? how i do i qualify for this?

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.

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

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.

3 can they turn me away at the border if i am traveling with my family but my RC is revoked?

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.

[Directive/2004/38/EC]

See http://eumovement.wordpress.com/2010/08 ... to-travel/

[euftw]

See http://eumovement.wordpress.com/2010/08 ... to-travel/

That's very interesting. Thanks for the link.
Doesn't that make getting a Family Permit before flying to England sort of unnecessary?