EEA2 visa in UK, partner moving to another EU country

I'm Canadian, (first came to UK on student visa) received a 5 year EEA2 visa last winter and have been working and living in UK with EU partner since. Partner is likely moving to another EU country (France) for work soon. I have a fulltime job in UK and hope to stay here for several more months, then likely go to France eventually to join them.

Is it legal for me to stay in UK without partner? As it's EU-based permission, I'm hoping it's ok since they'll still be in EU and we're still 'together' although won't be living in same place..

And actually, in case you know about French regulations as well: Will I have to reapply for all of this from home (Canada) or France in order to work and live there?

Many, many thanks!

What is your partner's nationality? You say about them working in France. Are they French? If so, how long have they been exercising their EU Treaty rights in the UK? For example, by working?

Now you! You have a 5-year Residence Card and that permits you to live and work in the UK. Not suggesting that you and your partner are separating ... in the sense of ending the relationship ..... but even if that was the case you would still be their family member .... and still entitled to exercise your EU Treaty Rights in the UK.

The only quibble in my mind is that your partner will no longer be exercising their Treaty Rights in the UK, but I don't think that alters the situation. But if anyone thinks differently then please do post!

The application for French-issued EEA Family Permit? As you are legally resident here in the UK the application can be made at the French Consulate here in the UK.

smiller wrote:Is it legal for me to stay in UK without partner? As it's EU-based permission, I'm hoping it's ok since they'll still be in EU and we're still 'together' although won't be living in same place..

Have a look at the directive that grants your rights, especially paragraph 12:

http://europa.eu.int/eur-lex/pri/en/oj/ ... 350048.pdf

It seems to me that you fit none of these categories, so you may theoretically loose your right of residence. The text is not really consistent, and things may be different if you have been here more than a year (and are in a long lasting relationship).

If you loose your right, I would assume that you can stay for a "grace period" of 6 months. After that you may be technically illegal, but I don't see how anybody would find out. But if you want to stay in the UK for longer, you should try to sort this out as soon as possible.

And actually, in case you know about French regulations as well: Will I have to reapply for all of this from home (Canada) or France in order to work and live there?

You can do either, but it is advisable to apply from the UK, because then you are already in the EU. I am not even sure whether you would need a visa for France. If not, you can just apply for your residence card once you are in France.

thanks so much! this is really helpful..

to answer your questions in case it changes anything you've said:

yes partner's French, has been living/working in UK just over a year, and we've been together nearly 5 years (in Canada together previously).

will definitely look into the FR consulate on EEA family permit for France! if there's anything else to be aware of please let me know. thanks again!

I do not think there is anything preventing you from getting a second Residence Card in France while continuing to hold one for here. It is quite common for couple to commute back and forth between EU countries. There are even special rules for it.

I am also pretty sure that unless the UK government actively wants to deport you (because of very serious crimes, for instance), there is little they can do except wait for your present Residence Card to expire and then not renew it. Stripping you of your residence has to be for a very good reason, and I doubt that your spouse working for a while in France is good enough (or worth the effort for them).

I would urge you to contact the EU's free legal advice people for detailed answers about your situation. http://ec.europa.eu/citizensrights/

smiller wrote:Is it legal for me to stay in UK without partner? As it's EU-based permission, I'm hoping it's ok since they'll still be in EU and we're still 'together' although won't be living in same place..

Sorry to burst the bubble, but even though it is an EU-based permission, the wordings of the law that gives you those powers specifically states that the permission given is valid only for that particular 'Member State'. So, you are theoretically only given the EU powers in the EU Member State that your EU family member resides.

John wrote:The only quibble in my mind is that your partner will no longer be exercising their Treaty Rights in the UK, but I don't think that alters the situation.

Sorry John, but I think that it indeed does alter the situation. Please look into 2.1 of the Chapter 5 of the ECIs (look it up in your hard-drive as the HO no longer publically posts that Chapter) pertaining to the revocation of Residence Cards, which specifically states that Residence Cards are revoked if the EEA family member no longer exercises the treaty right in the UK. So I am assuming that if the OP ever tries to enter the UK after the EEA family member has left for France, an IO can indeed revoke the existing Residence Card.

Directive/2004/38/EC wrote:It is quite common for couple to commute back and forth between EU countries. There are even special rules for it.

...which kicks in only after having exercised the treaty right as a worker for atleast a period of 3 years, as opposed to the grand total one one accummulated by the OP's EEA family member.

Directive/2004/38/EC wrote:I am also pretty sure that unless the UK government actively wants to deport you (because of very serious crimes, for instance), there is little they can do except wait for your present Residence Card to expire and then not renew it

Serious crimes is only one of the reasons for which the UK government can revoke and deport the holder of a Residence Card. The other 3 examples envisioned by the British Government is forged EEA identity, non-EEA no longer a family member (.. for example- before the retention of right of residence by death of EEA family member or divorce/dissolution of partnership etc) and... EEA national no longer exercising treaty rights in UK.

That said, since the relationship has been subsisting for 5 years of which one year was in the UK, the OP should qualify for retention of right of residence, if they are in a registered partnership. I am not so sure about unmarried partners, but I am assuming it wouldn't be easy to prove retention of right of residence in such a case.

smiller wrote:I'm Canadian, (first came to UK on student visa) received a 5 year EEA2 visa last winter and have been working and living in UK with EU partner since. Partner is likely moving to another EU country (France) for work soon. I have a fulltime job in UK and hope to stay here for several more months, then likely go to France eventually to join them.

Is it legal for me to stay in UK without partner? As it's EU-based permission, I'm hoping it's ok since they'll still be in EU and we're still 'together' although won't be living in same place..

And actually, in case you know about French regulations as well: Will I have to reapply for all of this from home (Canada) or France in order to work and live there?

Many, many thanks!

You have to check with france what is the time frame they require you to be there before you have to convert th EUbased permission to their country. You are probably entitled to some gap time once your partner leaves since you could be in a situation where your partner commutes. Many people are based in the UK and come to holland for instance just to work for the week and return for the weekends so their base is the UK. However once your partner is clearly staying in France, then basis for your UK visa no longer exists and you should be with him.