EEA and EEA2 moving abroad!

Hi,

I would really appreciate some help here.

I am married to an EEA national and currently on EEA2, and my husband has become British Citizen now, as well as our newborn daughter.

My husband would like to accept a job offer abroad and we are concerned about my EEA2 and later on EEA4.
- Can I continue living here on EEA2 even thought my husband works abroad? He is now British so I assume does not need to exercise his treaty rights. Is this correct or have I got it completely wrong? we would like to keep our mortgaged flat in the UK and still pay the bills etc.
- When the time comes to apply for EEA4? Can I still apply normally and tick that my husband has Permanent residency and don't have to explain his treaty rights activity for the past five years?
- I understand that I can go abroad for less than 6 months every 12 months, but what happens if I stay longer? Will the EEA2 become invalid? Can I for example travel for a year or longer and keep the EEA2? I understand that my qualification period will need to re-start but will I loose the EEA2 too?

Many thanks for your answers in advance,

If you choose to leave the UK and are absent for more than six months, your PR clock will restart (can be up to one year in certain circumstances).

Your EEA2 card may become invalid in these circumstances.

Your husband won't lose his PR status unless absent for more than 2 years however if he leaves the UK permanently, you lose the right to live in the UK. I agree that "leaves permanently" is a vague definition.

You should be aware that if your residence break (PR clock reset), the HO would probably argue you cannot use the EEA route anymore now that your husband is British.

May I also ask if there will be any problems entering and exiting the UK without my husband once he moved abroad?
Traveling me and my daughter outside of the EU.

Jambo wrote:Your husband won't lose his PR status unless absent for more than 2 years however if he leaves the UK permanently, you lose the right to live in the UK. I agree that "leaves permanently" is a vague definition.

You should be aware that if your residence break (PR clock reset), the HO would probably argue you cannot use the EEA route anymore now that your husband is British.

EEA2toEEA4toUK wrote:May I also ask if there will be any problems entering and exiting the UK without my husband once he moved abroad?
Traveling me and my daughter outside of the EU.

Well, depends on how you answer the question (if asked) "where is your husband?".

Answering "he moved out of the UK and might be back in 1 year" would not go so well. Answering "he is coming back in a few days / he had a business meeting to attend abroad" would probably be accepted.

Just to make it clear - never lie to an Immigration Officer but you can be selective in the information you provide.

No of course I would never lie, that's why I am asking this forum and your kind advice, and it is true that he will be coming back and forth.

May I ask if you think I will have problem later on when applying for EEA4? in the form it is clear that if I tick that he has permanent residency (which he does) I can skip the part about him exercising his treaty rights and don't need to show if he works or not here in the UK.


[/quote]
Well, depends on how you answer the question (if asked) "where is your husband?".

Answering "he moved out of the UK and might be back in 1 year" would not go so well. Answering "he is coming back in a few days / he had a business meeting to attend abroad" would probably be accepted.

Just to make it clear - never lie to an Immigration Officer but you can be selective in the information you provide.[/quote]

EEA2toEEA4toUK wrote:May I ask if you think I will have problem later on when applying for EEA4? in the form it is clear that if I tick that he has permanent residency (which he does) I can skip the part about him exercising his treaty rights and don't need to show if he works or not here in the UK.

If someone has PR status, then there is no need to show treaty rights. His card is enough. You will need to prove you have been living in accordance with the directive including less than 6 months of absence a year.

Many thanks for your quick reply,

So in this case, the PR status is his British Citizenship, right?

And also, what else is the requirements in the directive apart from exercising treaty rights and less than 6 month a year absence from the uk?

Thank you so much.

Jambo wrote:

EEA2toEEA4toUK wrote:May I ask if you think I will have problem later on when applying for EEA4? in the form it is clear that if I tick that he has permanent residency (which he does) I can skip the part about him exercising his treaty rights and don't need to show if he works or not here in the UK.

If someone has PR status, then there is no need to show treaty rights. His card is enough. You will need to prove you have been living in accordance with the directive including less than 6 months of absence a year.

EEA2toEEA4toUK wrote:So in this case, the PR status is his British Citizenship, right?

No. It would be his EEA passport + PR Confirmation (if he has one) or his EEA passport + proof of 5 years of employment/treaty rights. The 5 years can be in the past. They don't need to be the 5 years just before you apply.

And also, what else is the requirements in the directive apart from exercising treaty rights and less than 6 month a year absence from the uk?

No much more.

Thank you so so so much for all your quick and valuable help

Jambo wrote:

EEA2toEEA4toUK wrote:So in this case, the PR status is his British Citizenship, right?

No. It would be his EEA passport + PR Confirmation (if he has one) or his EEA passport + proof of 5 years of employment/treaty rights. The 5 years can be in the past. They don't need to be the 5 years just before you apply.

And also, what else is the requirements in the directive apart from exercising treaty rights and less than 6 month a year absence from the uk?

No much more.

1. You need to live in the UK together with your EU national family member for five years in order to acquire PR. Generally, absences of up to six months per year will not break residence.

2. There is nothing particularly special about the fact that an EU citizen acquires PR first, other than they no longer require to demonstrate that they are a worker, student, self-sufficient. They can be absent for up to two years without losing this status.

1 and 2 are separate issues in my opinion.

When you say 2 year absence, does this mean he can enter the uk for few weeks each year and still not loose his residency or does he have to be here for 2 years and then off for 2 years?

Thanks in advance

EUsmileWEallsmile wrote:1. You need to live in the UK together with your EU national family member for five years in order to acquire PR. Generally, absences of up to six months per year will not break residence.

2. There is nothing particularly special about the fact that an EU citizen acquires PR first, other than they no longer require to demonstrate that they are a worker, student, self-sufficient. They can be absent for up to two years without losing this status.

1 and 2 are separate issues in my opinion.

Your best bet would be read through directive 2004/38/ec (and the UK's regulations) - see stickies above for links.

He can be absent for up to two years without breaking residence. Present means not absent. So if he is present in the UK any time before two years is up, he would not be absent.

Your get six months, he gets two years, but you need to live with him in the UK to keep your residence going. There is also retained right of residence, there are some specific conditions attached to it.

Can you please clarify the 2 years requirement my husband has? how does it work? does he need to be in the UK for 2 and then leave for less than 2?
Or can he come back for few weeks every year to keep his PR?

EUsmileWEallsmile wrote:Your best bet would be read through directive 2004/38/ec (and the UK's regulations) - see stickies above for links.

He can be absent for up to two years without breaking residence. Present means not absent. So if he is present in the UK any time before two years is up, he would not be absent.

Your get six months, he gets two years, but you need to live with him in the UK to keep your residence going. There is also retained right of residence, there are some specific conditions attached to it.

EUsmileWEallsmile wrote:1. You need to live in the UK together with your EU national family member for five years in order to acquire PR. Generally, absences of up to six months per year will not break residence.

Hello!
What you mean by "living together"?
Live in the same apartment in the UK? Or both present in the UK?
What if me and my wife living in the UK, but in different cities? (due to work conditions)
In this case I am not eligible to get 5 yrs RC?

forestgump wrote:

EUsmileWEallsmile wrote:1. You need to live in the UK together with your EU national family member for five years in order to acquire PR. Generally, absences of up to six months per year will not break residence.

Hello!
What you mean by "living together"?
Live in the same apartment in the UK? Or both present in the UK?
What if me and my wife living in the UK, but in different cities? (due to work conditions)
In this case I am not eligible to get 5 yrs RC?

This thread is 4 years old and the OP hasn't visited the forum since Jul 03, 2013 Please check the date before digging up old threads.