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Have family member residence card, can I travel, ILR?

Posted: Sat Jun 16, 2012 12:34 pm
by deepseadiver
Hi everyone,

My first post here. Hope someone can answer a few of my questions.

I am a Non-EAA national living in UK with my wife who is EAA national. We got married in summer 2011, I've applied for Family Member Residence card and got in in November 2011.
I've got a residence card for 5 years with the right to work.

We live together and are both self employed. I work in the business development field. I was wondering whether I can travel in European Union by myself for business for example? Or if I want to travel to my home country by myself to see my family who I haven't seen for a long time?
I've heard that if I travel by myself I need to get a Shengen visa? Even if I get a visa, will I have problems coming back to UK where the immigration officer may not allow me in because I was not travelling with my wife. All a bit of a mystery to me at the moment. Different people say different things, is there a law that clearly states whether I need to travel with my partner or can travel by myself.

In terms of getting Indefinite Leave to Remain, is it true that I can only apply after 5 years since I got my residence card? Is there another way? I've lived in UK for a long time now, being a student.

What application would I need to fill in to apply for ILR after 5 years? What documents does the Home Office ask for?

I know here are a lot of questions, but it would be great if someone can help, because its all a bit vague for me at the moment.

Thanks

Nick

Re: Have family member residence card, can I travel, ILR?

Posted: Sat Jun 16, 2012 5:35 pm
by EUsmileWEallsmile
deepseadiver wrote:I was wondering whether I can travel in European Union by myself for business for example?
Your nationality will determine whether you need a visa or not. Your UK article 10 residence card does not substitute for a visa if you travel without your EU family member.

Re: Have family member residence card, can I travel, ILR?

Posted: Sat Jun 16, 2012 5:36 pm
by EUsmileWEallsmile
deepseadiver wrote:...Or if I want to travel to my home country by myself to see my family who I haven't seen for a long time?
You can travel to your home country and return to the UK as long as your family member continues to be resident in the UK in accordance with the terms of the 2006 regulations.

Re: Have family member residence card, can I travel, ILR?

Posted: Sat Jun 16, 2012 5:38 pm
by EUsmileWEallsmile
deepseadiver wrote: I've heard that if I travel by myself I need to get a Shengen visa? Even if I get a visa, will I have problems coming back to UK where the immigration officer may not allow me in because I was not travelling with my wife.
This is not correct. See previous post about EU family member residing in the UK.

Posted: Sat Jun 16, 2012 6:07 pm
by Jambo
How long have you been living in the UK? You could apply for ILR after 10 years of lawful stay in the country.

Posted: Sun Jun 17, 2012 12:53 am
by deepseadiver
Thanks for all the replies. This is more or less what I thought.

Getting a visa to Eu countries is not too bad I guess. Your answers do clear up things for me. I did apply for ILR about 3 years ago but was refused because I was out of the country for longer than 18 months in this period.

May be ill apply for ILR on the 14 years basis some time in the future. I had a break in my lawful stay in Uk at one point.

Thanks