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when does EEA Residence card becomes Invalid ?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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mrq12ead
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Joined: Sat Jul 23, 2011 4:03 pm

when does EEA Residence card becomes Invalid ?

Post by mrq12ead » Sat Jul 23, 2011 4:31 pm

I am european national and my husband is from India, we had been married for 2 years now and we had been living in UK since then. Recently we decided to move to my country of origion ( germany), I had moved to germany 3 weeks ago and my husband lived in UK.

As now I am working gemany , I would like to know if his visa is still valid n uk?
if yes then for how long?
He came to visit me last week .He was asked by border staff why he went to germany, he told them that he went to see me and told them that I am working there. They said to him that his visa is not valid any longer as I am not excersising my treaty rights in UK. They interviewed him and then allowed to to enter UK for 6 months only and marked his passport with "W" which is warning . He asked if he could visit germany frequently but they said its upto cheif immigration officer appointed on the day he is travelling to permit him or stop him from entering to UK. We were worried if he comes to see me next time , they might not let him enter UK . He is going to move to germany with in next 6 months but in the meanwhile he is winding up things he would like to visit me too. Would that be a safe move??

Also lets suppose what if I move back to UK after few weeks and things not work out in germany , would he have to make new application to carry on living in UK?

I would like to know the time limit when EEA residence cards becomes invalid due to absence of european citizen (spouse) from country. Is it 6 months?

Can he travel abord?

If I have decided to move back to Uk , how can I notify them?????? Is it a same port I need to notify where he was stopped so that they can update info in their system?

Please help us
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Obie
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Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Jul 23, 2011 5:49 pm

Provided you have not been away from the United Kingdom for more than 6 months, his residence is unaffected. For absence longer than 6 months, you may be required to show that it was either due to pregnancy or overseas military posting.

This is the legal position. As far as i know, the directive does not permit member states to refuse the spouse entry if the absence is less than 6 months, but the spouse has left permanently for another country. It is hard to see how a refusal in those circumstance , could be justified under the directive.
Smooth seas do not make skilful sailors
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Sat Jul 23, 2011 6:02 pm

Is the intention that you and your husband move to Germany? If so when will he move to Germany?

Have you permanently moved to Germany?
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mrq12ead
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Joined: Sat Jul 23, 2011 4:03 pm

Post by mrq12ead » Mon Jul 25, 2011 9:34 pm

Hi guys,

I appreciate yor reply .

I have not been away for 6 months which is correct but at the borders they said if my husband travels again , they might not let him enter UK .They said its in the hand of cheif immigration officer appointed on the day he is travelling

Yes my husband also have decided to move to germany but he is in uk for another 5 to 6 months as soon as things are wound up he will move to germany permanantly with me. Im already in germany and working there full time, started job few weeks ago.

Cheers
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Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Jul 25, 2011 9:46 pm

How long have you resided in the UK? Does you or your husband yet have Permanent Residence (which comes after 5 years of residence)?
mrq12ead wrote:I have not been away for 6 months which is correct but at the borders they said if my husband travels again , they might not let him enter UK .They said its in the hand of cheif immigration officer appointed on the day he is travelling
This is misleading, or perhaps UKBA does not understand the law. But practically it is true. The only time he is likely to be noticed as improperly resident is if he tries to enter/leave the UK. If he stays quietly in your flat and works, nobody would likely notice.
mrq12ead wrote:Yes my husband also have decided to move to germany but he is in uk for another 5 to 6 months as soon as things are wound up he will move to germany permanantly with me. Im already in germany and working there full time, started job few weeks ago.
His ability to stay in the UK comes from your residence in the UK. If you do not have Permanent Residence (which you would get automatically assuming you have been resident in the UK for 5 years), then you will loose your residence if you leave the UK for more than 6 months in a year or if you "permanently" leave the UK. And if you loose it, so does he.

How long cumulatively have you been physically out of the UK in the past year?
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