Resident Card Validity When Leaving For Longer Time

Hello everyone,

Got a question about the validity of Resident Card. Due to the virus around the world our family has not been separated for almost five months, so decided to move back to UK earlier than planned due to all of this. My wife is a Russian citizen and I am Lithuanian citizen. Returning for me is not a problem, but since she will be coming from a different country I am worried if she will be ok to come in with her valid Resident Card she was out of the country for three years? We left to the US due to my studies.

What are the rules for Resident Card? If it is valid till mid 2021, but you have been gone from the UK for three years will you be able to return using it? Or do we need to start the process again with new visa etc?

Many thanks for your help!
Having really hard time getting an official immigration officer on the phone.

mikonas2002 wrote: ↑

Wed Aug 05, 2020 6:19 am

Returning for me is not a problem

What's the purpose of you coming to the UK? Are you planning to stay, and if so, for how long, and doing what? That will determine the best route for her.

mikonas2002 wrote: ↑

Wed Aug 05, 2020 6:19 am

she was out of the country for three years? We left to the US due to my studies.

Her continuity of residence for the purposes of acquiring PR is definitely broken. Her clock for acquiring PR will have reset to zero, as any absence for more than six months in a year breaks residence, except that one absence of upto one year is allowed for important reasons such as studies abroad.

She should still be able to enter the UK provided that she is either returning to the UK with you or to join you (and can prove the latter to the satisfaction of the Immigration Officer).

But, as @kamoe has asked above, if you give more details of your future plans, we may be better placed to advise you further.

mikonas2002 wrote: ↑

Wed Aug 05, 2020 6:19 am

Having really hard time getting an official immigration officer on the phone.

You can do that???!!! Do share the phone number.

We are actually returning to continue life in UK, so will work etc.
I will be flying in from the US with my son and she ( if possible) from Russia. Once there we will rent a place to start and continue with the rest.
Our main worry is if she can fly in with her valid Resident Card? Once there we will be sorting out all needed papers for her and our family to stay permanently.

Thank you so much!

kamoe wrote: ↑

Wed Aug 05, 2020 8:42 am

mikonas2002 wrote: ↑

Wed Aug 05, 2020 6:19 am

Returning for me is not a problem

What's the purpose of you coming to the UK? Are you planning to stay, and if so, for how long, and doing what? That will determine the best route for her.

We are coming to live in the UK, we only left as I was doing studies, so now returning to continue building our life there.