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EEA National Traveling Outside EU with BRP Card Husband

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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leshok
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Joined: Tue Mar 13, 2018 1:12 am
United States of America

EEA National Traveling Outside EU with BRP Card Husband

Post by leshok » Sun Mar 17, 2019 4:55 pm

Let me preface this by saying I hope this is in the correct forum...

I am an EEA national that has been in the UK for just over 2 years married to an American citizen with a family permit/BRP card (valid up to 5 years - can live and work in UK).

Question: I was wondering how long could we travel TOGETHER outside of the UK/EU without any issue?

We will maintain our UK address and any money we make overseas will be paid into a UK bank account (we will work remotely).

Thank you!!!

kamoe
Senior Member
Posts: 649
Joined: Mon Sep 07, 2015 10:57 am

Re: EEA National Traveling Outside EU with BRP Card Husband

Post by kamoe » Tue Mar 19, 2019 2:46 pm

leshok wrote:
Sun Mar 17, 2019 4:55 pm
Question: I was wondering how long could we travel TOGETHER outside of the UK/EU without any issue?
I gather that what you are actually asking here is for how long you can be absent form the UK, without this being considered a gap in your continuous 5 year period needed for Settled Status? If so, the answer to that is 6 months in any 12 year month period: https://www.gov.uk/settled-status-eu-ci ... atus-means
You’ll usually get settled status if you’ve:
  • started living in the UK by 31 December 2020 (or by 29 March 2019 if the UK leaves the EU without a deal)
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period.
There are some exceptions to the above, but that refers to force majeure motives, rather than traveling abroad as a personal choice. Is your travel imposed on you as an overseas posting for your company, for example, or is it your own choice?
We will maintain our UK address and any money we make overseas will be paid into a UK bank account (we will work remotely).
Bottom line is, if you are not paying UK tax you will not be considered as residing or working in the UK. You can of course choose to keep your UK address, this is perfectly legal, but be careful as there is a very fine grey line here. Making it "look like" you are living in the UK and earning UK salary, while in reality being abroad is to lie to the Home Office, and it is against this forum's terms of use for anyone here to advise you on how to do that.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

leshok
Newly Registered
Posts: 8
Joined: Tue Mar 13, 2018 1:12 am
United States of America

Re: EEA National Traveling Outside EU with BRP Card Husband

Post by leshok » Wed Mar 20, 2019 12:28 pm

kamoe wrote:
Tue Mar 19, 2019 2:46 pm
leshok wrote:
Sun Mar 17, 2019 4:55 pm
Question: I was wondering how long could we travel TOGETHER outside of the UK/EU without any issue?
I gather that what you are actually asking here is for how long you can be absent form the UK, without this being considered a gap in your continuous 5 year period needed for Settled Status? If so, the answer to that is 6 months in any 12 year month period: https://www.gov.uk/settled-status-eu-ci ... atus-means

>>Could I apply for pre-settled status and then have 2 continuous years allowed abroad? But okay, 6 months, understood.
You’ll usually get settled status if you’ve:
  • started living in the UK by 31 December 2020 (or by 29 March 2019 if the UK leaves the EU without a deal)
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period.
There are some exceptions to the above, but that refers to force majeure motives, rather than traveling abroad as a personal choice. Is your travel imposed on you as an overseas posting for your company, for example, or is it your own choice?

>>This is all by personal choice. We want to travel a bit before we settle full-time in the UK.
We will maintain our UK address and any money we make overseas will be paid into a UK bank account (we will work remotely).
Bottom line is, if you are not paying UK tax you will not be considered as residing or working in the UK. You can of course choose to keep your UK address, this is perfectly legal, but be careful as there is a very fine grey line here. Making it "look like" you are living in the UK and earning UK salary, while in reality being abroad is to lie to the Home Office, and it is against this forum's terms of use for anyone here to advise you on how to do that.
>>Of course we do not want to do anything illegal here. Our idea was to find UK clients and work remotely for a bit (as a contractor or as our own business) and then come back to the UK once we're done traveling, which seems to be, at most, 6 months without causing any issue with my continuous residence.

Thank you for your reply. If you have anything else to add, please let me know. We appreciate it!

kamoe
Senior Member
Posts: 649
Joined: Mon Sep 07, 2015 10:57 am

Re: EEA National Traveling Outside EU with BRP Card Husband

Post by kamoe » Thu Mar 21, 2019 10:22 am

leshok wrote:
Wed Mar 20, 2019 12:28 pm
kamoe wrote:
Tue Mar 19, 2019 2:46 pm
leshok wrote:
Sun Mar 17, 2019 4:55 pm
Question: I was wondering how long could we travel TOGETHER outside of the UK/EU without any issue?
I gather that what you are actually asking here is for how long you can be absent form the UK, without this being considered a gap in your continuous 5 year period needed for Settled Status? If so, the answer to that is 6 months in any 12 year month period: https://www.gov.uk/settled-status-eu-ci ... atus-means

>>Could I apply for pre-settled status and then have 2 continuous years allowed abroad? But okay, 6 months, understood.
No. That happens with Permanent Residence, which is at the level of Settled, not Pre-Settled Status.

Think of Pre-Settled status as a show of hands and nothing more. The HO is asking: Who's here? And you raise your hand, without really acquiring any further right. Pre-Settled status is next to useless between now and December 2020 if you are a EU qualified person, and if your non-EU family member already has a valid Residence Card. Furthermore If you both qualify for Settled status on of before December 31st 2020, you can even "jump" straight to Settled status without having Pre-Settled status at any point. If by December 2020 you still don't qualify for Settled status, then yes, should then apply for Pre-Settled status, but before then there is no value or further right provided.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Senior Member
Posts: 649
Joined: Mon Sep 07, 2015 10:57 am

Re: EEA National Traveling Outside EU with BRP Card Husband

Post by kamoe » Thu Mar 21, 2019 2:40 pm

I just came across something important to notice, which is probably what you have seen. Even though you can find the following text on the Settlement scheme, you need to read between the lines: https://www.gov.uk/settled-status-eu-ci ... atus-means
If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.
The above means that you can spend two years abroad, then come back -even if it's after Brexit, for example- and still have the right to live and work in the UK (as you have raised your hand to say you are here). BUT this will effectively create a gap in your 5-year continuous residence, so presumably your clock will reset if you want to apply for Settled status after that! Read the bold line.
My posts express my personal opinion, to the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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