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RC validity without eea family member in uk

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

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afizah
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Posts: 15
Joined: Tue Sep 25, 2012 3:23 pm

RC validity without eea family member in uk

Post by afizah » Sun Mar 10, 2013 10:31 am

Hi There,

I am a Non-EEA national with RC, which will expire in 2016. My wife wants to leave UK for future studies in India and i want to continue my Job in UK to support her.

My wife will be back to UK in three years. But can i stay in UK alone with out my wife(EEA national) in these three years Or do i reallly need to apply for RC to retain my right to residence.

Could you please let me know what i have to do and all possible ways.


Thanks,
afizah

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sun Mar 10, 2013 10:42 am

An EU national can be out of the host member state for up to six months per year without affecting their residency or up to a year for important reasons including study (can only be used once).

The family member's residence is dependent on the EU national.

The short answer to your question, is no you can't do what you propose.

ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Sun Mar 10, 2013 10:45 am

Once your wife leaves the uk for three years then you have to apply for the confirmation of retain rights of residence otherwise you havo no right to reside in the uk.
Best regards

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun Mar 10, 2013 10:53 am

The rights of non-eea national are derived from the activities of eea national in eea member state. So based on your situation that you described the validity of your eea2 RC will become void.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 10:31 am

Post by Jambo » Sun Mar 10, 2013 3:51 pm

ravii wrote:Once your wife leaves the uk for three years then you have to apply for the confirmation of retain rights of residence otherwise you havo no right to reside in the uk.
One can't retain residence rights unless divorced, the EEA national dies or there is a child involved. I don't think the OP case is any of those.

ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Post by ravii » Sun Mar 10, 2013 4:42 pm

Op,why you wants to live in the uk with out your EEA national partner?Do you have any reason to justify your say in the uk without your sponcer EEA national?
Best regards

ravii
Member
Posts: 210
Joined: Fri Jun 15, 2012 12:57 pm
Location: Dorset

Re: RC validity without eea family member in uk

Post by ravii » Sun Mar 10, 2013 4:49 pm

[quote="afizah"]Hi There,

I am a Non-EEA national with RC, which will expire in 2016. My wife wants to leave UK for future studies in India and i want to continue my Job in UK to support her.

If this is your reason then you are unable to retain rights,as you can support your wife in India as well.but if you have a multi million business/reasonable work in the uk and you can't go away then there is a chance to retain rights.
Best regards

sheraz7
Respected Guru
Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Post by sheraz7 » Sun Mar 10, 2013 5:35 pm

Even for retaining right the OP need the proofs of its EEA partner's treaty rights too despite being billionaire. No special policy for it.
Please donot send PM. Write in open forum to facilitate others too.
REGARDS

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 7:22 pm

Post by EUsmileWEallsmile » Sun Mar 10, 2013 10:24 pm

The OP has been given interesting points of view regarding their situation. Their proposal will not be in compliance with the regulations.

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