EEA family member - Right to Keep My UK Residence

manochao · Post by **manochao** » Wed Oct 01, 2008 6:20 pm

Hi Evreryone

I am a non eu national, my wife is an eea national from Poland, We've been married outiside the uk for 3years and 4 months, and we have lived together in the UK for 2and half years, during this time my wife always exercised her treaty rights.
My wife needs to go back to Poland, she needs to be with her ill mother, but she doesn't know when she will be back, could take few months or even a year or so.

1- Will I get to keep my right of residence even if my wife is not present in the UK?

2-If yes, will I have to wait as normal for the remaining time to complete 5 years presence in the UK, before I can apply for indefinite leave to remain, or will I have a different immigration status?

Your help and input will be much appreciated.
Thanks veryone.

joelondon · Post by **joelondon** » Fri Oct 03, 2008 5:34 pm

manochao wrote:Hi Evreryone

I am a non eu national, my wife is an eea national from Poland, We've been married outiside the uk for 3years and 4 months, and we have lived together in the UK for 2and half years, during this time my wife always exercised her treaty rights.
My wife needs to go back to Poland, she needs to be with her ill mother, but she doesn't know when she will be back, could take few months or even a year or so.

1- Will I get to keep my right of residence even if my wife is not present in the UK?

2-If yes, will I have to wait as normal for the remaining time to complete 5 years presence in the UK, before I can apply for indefinite leave to remain, or will I have a different immigration status?

Your help and input will be much appreciated.
Thanks veryone.

one question when u got married in poland did u get the polish resident card ? do you still have it ? and now u have the EEa resident permit in the uk ? when traveling from the uk to poland do you use your polish resident card or do u need a visa ? and when u leave poland to go to the uk what do show the police control ? can you have both resident in the same time ?

manochao · Post by **manochao** » Sat Oct 04, 2008 3:01 pm

joelondon wrote:
manochao wrote: one question when u got married in poland did u get the polish resident card ? do you still have it ? and now u have the EEa resident permit in the uk ? when traveling from the uk to poland do you use your polish resident card or do u need a visa ? and when u leave poland to go to the uk what do show the police control ? can you have both resident in the same time ?

Yes i had the polish residence card.it is now expired. when i go to poland i take a visa. When i enter the uk i show my passport with the 5 years eea permit.
I don't see where your questions lead, and whether they are relevant to my questions, as I am not asking whether I can or cannot keep both residences. Please read my request again.cheers

Can anyone help please.?

joelondon · Post by **joelondon** » Sat Oct 04, 2008 3:10 pm

Yes i had the polish residence card.it is now expired. when i go to poland i take a visa. When i enter the uk i show my passport with the 5 years eea permit.
I don't see where your questions lead, and whether they are relevant to my questions, as I am not asking whether I can or cannot keep both residences. Please read my request again.cheers

Can anyone help please.?[/quote]

thanks for the answer , as i need my self some urgent help, i'm in the same situation as yours , but i have the UK Permanent residency and French permanent residency, i need your experiance PLEASE .before your polish resident card expired did u fly with it for UK to poland ,and vis versa with any probleme in the police passport control,for exsample if u want to fly from poland to uk what do u have to show the both resident card or only the uk one ....pleaseeeeeeee help me as i'm stucked in france and i want to fly back to uk but i'm a bit confuse on if they can stop me and ask me to choose where i want to keep one of the resident ...not both ...thanks for your help

joelondon · Post by **joelondon** » Sat Oct 04, 2008 3:18 pm

manochao wrote:Hi Evreryone

I am a non eu national, my wife is an eea national from Poland, We've been married outiside the uk for 3years and 4 months, and we have lived together in the UK for 2and half years, during this time my wife always exercised her treaty rights.
My wife needs to go back to Poland, she needs to be with her ill mother, but she doesn't know when she will be back, could take few months or even a year or so.

1- Will I get to keep my right of residence even if my wife is not present in the UK?

2-If yes, will I have to wait as normal for the remaining time to complete 5 years presence in the UK, before I can apply for indefinite leave to remain, or will I have a different immigration status?

Your help and input will be much appreciated.
Thanks veryone.

manochao · Post by **manochao** » Sat Oct 04, 2008 5:21 pm

joelondon wrote:
manochao wrote:
as for your question .what u have to do ,as she is a EU member and

she is excercing her treaty right in the uk , then when she leave the uk

she won't get an out stamp on her passport ,then i suggest u to put her

on self employment ,what i mean by this is ,that u have to pay her tax as

she was in the uk and working and self employment , like this she will

have P60 and like she is paying tax in the uk ....don't worry about this i'm

saying it by experience as i use to be in the same position when my wife

left to france , to get me to apply for the Permanent residence ...i believe

that a tax per year is about Â£170 ,and u will have proves that she was

exsercing her treaty right ...if u need more info let me know ...regard to

my question ...i'm confuse about the police passport control in the airport

when i live france to entre uk ...plz let me know thanks

Thanks Joe London for your advice, however what you are suggesting is illegal, how would I declare my wife as self employed in the UK when she lives abroad? I am not prepared to go that route even if it means I will have to leave the uk.

By posting in this forum I was hoping for some legal advice, not directions of how to do it illegally, so I will just remain patient, and hopefully I get some help, in a legal way.

republique · Post by **republique** » Sat Oct 04, 2008 5:51 pm

manochao wrote:Hi Evreryone

I am a non eu national, my wife is an eea national from Poland, We've been married outiside the uk for 3years and 4 months, and we have lived together in the UK for 2and half years, during this time my wife always exercised her treaty rights.
My wife needs to go back to Poland, she needs to be with her ill mother, but she doesn't know when she will be back, could take few months or even a year or so.

1- Will I get to keep my right of residence even if my wife is not present in the UK?

2-If yes, will I have to wait as normal for the remaining time to complete 5 years presence in the UK, before I can apply for indefinite leave to remain, or will I have a different immigration status?

Your help and input will be much appreciated.
Thanks veryone.

This goes to intention. At this time, you can stay in the uK without your wife but if it drags on and she doesn't return after several months, then you must reevaluate your situation. As long as she considers her home to be based with you in the UK she is exercising her treaty rights and you benefit from it. However once the situation changes and she decides she is not making the UK her home, you need to return to Poland or wherever she decides to be and reside with her.

brownbonno · Post by **brownbonno** » Sun Oct 05, 2008 8:16 am

Retention of Right of Residence

In the event of EEA national's death or departure from the UK:

It would not mean loss of the right of residence for the family members, who are not nationals of the member state, and who have been residing in the UK as family members for at least one year before the EEA national's death or departure from the UK. But before applying for permanent residence they need to fulfil the criteria of being a worker or self employed person or self-sufficient person and to provide comprehensive sickness insurance cover.

It would also not mean loss of right of residence for the children or of the parent having actual custody of the children, irrespective of nationality, if the children are residing and enrolled at an educational establishment for the purposes of studying in the UK, until the completion of their studies.

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EEA family member - Right to Keep My UK Residence

EEA family member - Right to Keep My UK Residence

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But That's Illegal!!

Re: EEA family member - Right to Keep My UK Residence