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Validity of RC if EU family member leaves UK
Posted: Mon Mar 11, 2013 1:40 pm
by rockford1980
Hi guys,
I am non-eea family member of French spouse. we married in 2011. We have been living in UK since that time and my spouse is exercising right of treaty in UK. I have RC. But my wife wants to continue her studies in France. Therefore she wants to go back there for next couple of years. I cant go with her because I have my studies on here. Please someone can tell me that do I have to apply for the right of retention ? keeping in mind that my wife will visit me once or twice in 6 months times depends on how much time she would have on semester break. She is working as a self employed in UK.
your replies would be highly appreciated.
thanks
Posted: Mon Mar 11, 2013 2:06 pm
by sheraz7
An eea national can be absent from UK normally for 6 months or 1 year for special reasons including studies but only once. For retaining rights 3 years must have been passed after marriage and divorced. So a long absence of your EEA partner will make your existing EEA2 RC invalid because it entirely depend on the activities of EEA national.
Posted: Mon Mar 11, 2013 2:11 pm
by Jambo
sheraz7 wrote: For retaining rights 3 years must have been passed after marriage.
and you must get divorced...
Posted: Mon Mar 11, 2013 2:38 pm
by rockford1980
Jambo wrote:sheraz7 wrote: For retaining rights 3 years must have been passed after marriage.
and you must get divorced...
I have families ties with my wife so there is no divorce matter.
Posted: Mon Mar 11, 2013 2:54 pm
by Obie
The quickest answer to your question OP, is that you do not fall into any of the categories, that will enable you to retain your right of residence, such that you will be unable to do so in the event of your spouse leaving the UK.
Posted: Mon Mar 11, 2013 3:08 pm
by rockford1980
Obie wrote:The quickest answer to your question OP, is that you do not fall into any of the categories, that will enable you to retain your right of residence, such that you will be unable to do so in the event of your spouse leaving the UK.
What should I have to do in such case ?
Posted: Mon Mar 11, 2013 3:23 pm
by rockford1980
Obie wrote:The quickest answer to your question OP, is that you do not fall into any of the categories, that will enable you to retain your right of residence, such that you will be unable to do so in the event of your spouse leaving the UK.
As I mentioned that my wife will come back within 6 months to meet me. By this her absence from UK would also cover.
Posted: Mon Mar 11, 2013 3:31 pm
by sheraz7
rockford1980 wrote:Obie wrote:The quickest answer to your question OP, is that you do not fall into any of the categories, that will enable you to retain your right of residence, such that you will be unable to do so in the event of your spouse leaving the UK.
As I mentioned that my wife will come back within 6 months to meet me. By this her absence from UK would also cover.
Your rights are mainly derived from the activities of EEA national partner and for these activities the regular and actual presence of EEA national is imperative.
Posted: Mon Mar 11, 2013 3:49 pm
by Jambo
rockford1980 wrote:As I mentioned that my wife will come back within 6 months to meet me. By this her absence from UK would also cover.
It's 6 months of absence in total every year (or one 12 months absence). Coming for a few days back to the UK every 6 months won't make your stay according to the EEA regulations.
Posted: Mon Mar 11, 2013 4:13 pm
by rockford1980
Jambo wrote:rockford1980 wrote:As I mentioned that my wife will come back within 6 months to meet me. By this her absence from UK would also cover.
It's 6 months of absence in total every year (or one 12 months absence). Coming for a few days back to the UK every 6 months won't make your stay according to the EEA regulations.
I understand. It was an unfortunate because my wife was going to study in UK. But her grandmother is seriously ill and we don't know that when she will be....... :/ May God give her healthy life.
my wife brought up in her hands, she cant concentrate her life in UK. She wants to be around her. I cant stop her because these things are emotional. I thought may be there is some way that I can continue my residence here until my studies as I am in the middle of my studies. If anyone of you know any other probability please let me know.
kind regards
Posted: Mon Mar 11, 2013 4:22 pm
by Jambo
If you are studying, you might be able to apply for a tier-4 (student) visa.