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Chen Residence Card Holder Returning UK Without Child

Posted: Thu Aug 04, 2016 3:45 pm
by splanky
Hi Everyone.

A few years ago, I successfully obtained a Derivative Residence Card as the primary carer of an EEA minor child. Since then I have come and gone from the UK, always travelling with her.

She is spending some of the school holidays with her dad in the Netherlands. I have taken a few days off work to travel over to see them and other relatives. I have booked to fly back without her, and it hit me today I have never done this. I think the legislation for the residence card says I have to enter the UK with her, or join her here. Will it be an issue if I'm not travelling with her and she comes home about a week later, travelling with her dad? Am I likely to be barred from entering the country? I am an Australian and I can enter for up to six months, but I am not meant to be employed, and I have a job here. Should I risk the travel, or just abandon the tickets? Should I bring proof she is normally resident here, or will that not make a difference?

Regards,
Splanky

Re: Chen Residence Card Holder Returning UK Without Child

Posted: Thu Aug 04, 2016 3:54 pm
by noajthan
Should be ok.
How you can use the card
You don’t have to get a derivative residence card, but it can:
  • help you re-enter the country quicker when you come back from abroad
https://www.gov.uk/derivative-right-residence

An EEA national may be awol for up to 6 months without affecting your right of residence.

Ref UKBF Operations Manual to get into the head of the IO who questions you:
https://www.whatdotheyknow.com/request/ ... ndants.pdf
- see para 7.4

Re: Chen Residence Card Holder Returning UK Without Child

Posted: Thu Aug 04, 2016 8:22 pm
by splanky
Thanks! That is very useful to know. I will got and risk it, armed with this knowledge.

Splanky