is my residence permit still valid?

maggiec · Post by **maggiec** » Wed Jun 09, 2021 7:56 pm

I have been having my spousal residence permit (first 2.5 years) since August 2019. Now both I and my husband are in Germany, we now both have German residence cards based on the withdrawal agreement. (And we plan to live in Germany now, so not going to extend my spouse visa)

I know it's technically impossible to be a residence in two countries, but if I want to travel to the UK now with my husband, is my British residence permit still valid? or will they deny my entry because I am now a resident in Germany?

thanks in advance for any help

manci · Post by **manci** » Thu Jun 10, 2021 5:20 pm

maggiec wrote: ↑
Wed Jun 09, 2021 7:56 pm
if I want to travel to the UK now with my husband, is my British residence permit still valid? or will they deny my entry because I am now a resident in Germany?

Your spouse visa was granted on the basis that you and your husband intended to live together permanently in the UK, see immigration rules E-ECP.2.10 and E-LTRP.1.10. This was no doubt your intention at the time but life has moved on and you and your husband no longer live in the UK.

In theory it is possible that your permission (visa) could be cancelled on the basis of immigration rule 9.23.1:

A person’s entry clearance or permission may be cancelled if they cease to meet the requirements of the rules under which the entry clearance or permission was granted.

UtterlyBrilliant · Post by **UtterlyBrilliant** » Thu Jun 10, 2021 7:34 pm

Get a second opinion but I believe it's valid until the expiry of the current visa on the basis of visas valid as of brexit aren't immediately affected. 29 march 2022 is the date anyone within the EU needs to have done their UK application by. Yours expires in feb if I've calculated properly? So until feb I think your visa is still valid, but this will obviously cease once you don't renew it.

TODMATT · Post by **TODMATT** » Fri Jun 11, 2021 5:50 pm

maggiec wrote: ↑
Wed Jun 09, 2021 7:56 pm
I have been having my spousal residence permit (first 2.5 years) since August 2019. Now both I and my husband are in Germany, we now both have German residence cards based on the withdrawal agreement. (And we plan to live in Germany now, so not going to extend my spouse visa)

I know it's technically impossible to be a residence in two countries, but if I want to travel to the UK now with my husband, is my British residence permit still valid? or will they deny my entry because I am now a resident in Germany?

thanks in advance for any help

Your leave has not been curtailed even though both of you are currently living in another country at the moment however your intention must be to remain here so if you guys decide to move back to the UK in future, your leave is still valid but your intention to live in the UK maybe in doubt. See guidance

Family policy guidance

"Intention to live together permanently in the UK
When considering paragraph E-ECP.2.10. and paragraph E-LTRP.1.10., you must
be satisfied that the applicant and their partner intend to live together permanently in
the UK within the definition of ‘intention to live together permanently with the other’ or
‘intend to live together permanently’ under paragraph 6 of the Immigration Rules.

In applications for further limited leave to remain or for indefinite leave to remain in
the UK as a partner, where there have been limited periods of time spent outside the
UK, this must be for good reasons and the reasons must be consistent with the
intention to live together permanently in the UK. Good reasons could include time
spent overseas in connection with the applicant’s or their partner’s work, holidays,
training or study If the applicant, their partner or both have spent the majority of the period overseas,
there may be reason to doubt that the couple intend to live together permanently in
the UK. Each case must be judged on its merits, taking into account reasons for
travel, length of absence and whether the applicant and partner travelled and lived
together during the time spent outside the UK. These factors will need to be
considered against the requirements of the rules."

https://assets.publishing.service.gov.u ... .0-ext.pdf

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