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HELP! Re-entering the UK on EU Family Member Residence Card after being away for a year?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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S1405
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Joined: Sat Jun 15, 2019 1:05 pm
China

HELP! Re-entering the UK on EU Family Member Residence Card after being away for a year?

Post by S1405 » Sat Jun 15, 2019 1:26 pm

Hello people! I am of Chinese nationality and hold a "Family Member - EU Residence" UK Residence Card, which was issued to me in Jan 2018 and expires in 2023. Me and my husband relocated to China in July 2018 for work reason and are now planning for a 1-week trip to the UK in July 2019. My UK Residence Card is still valid however as I'll have been out of the UK for over a year by that time, I'm uncertain if the Residence Card would still allow me to enter the UK. We've tried to find an answer on gov.co.uk but as it's such a specific question we haven't had any luck. Does anyone happen to know the answer? Also if I am allowed to enter the UK with this Residence Card until it expires, what are the restrictions, e.g. time limit, or I have to accompanied by my husband or something, etc.?

Really appreciate it if someone could shed some light on this, ideally if there's a reliable source of info like a gov webpage or something... I'd prefer not to be stopped by the Immigrations after I've landed! Thank you so much guys.

Best regards,
Sunny

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: HELP! Re-entering the UK on EU Family Member Residence Card after being away for a year?

Post by Obie » Sat Jun 15, 2019 1:32 pm

If you are coming with your husband, then I see no issue at all. Unless your travel is after October 31, 2019, and there is an Halloween crash out from the EU, then this advise may not be valid. For now at least, it is valid.
Smooth seas do not make skilful sailors

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 1:47 pm

Re: HELP! Re-entering the UK on EU Family Member Residence Card after being away for a year?

Post by askmeplz82 » Sat Jun 15, 2019 2:32 pm

Yes you can . But please don't tell you were away for 1 year to the Immigration Officer. Act like you coming back from holiday. otherwise they will ask you to sit while officer goes inside to investigate
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

secret.simon
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Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: HELP! Re-entering the UK on EU Family Member Residence Card after being away for a year?

Post by secret.simon » Sun Jun 16, 2019 4:08 am

If you are returning to the UK with your EEA citizen husband, then you are fine and wil be able to enter the UK based on your Residence Card.

However, be aware that your continuity of residence will have been broken and you will only be able to apply for Settled Status or PR after five years of continuous residence in the UK (i.e. after you and your EEA citizen husband resume your residence in the UK).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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