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Need Advice- EU Family Member in UK

Posted: Wed Oct 24, 2018 6:12 pm
by Nepenthe
Hello All!

With the final day of Brexit looming around the corner, and uncertainties of what deal will be made, we are considering relocating to Europe. However, as my spouse, holder of the EU family residence card and currently employed in the UK what are the rules for me ( EU spouse) leaving my spouse here whilst I go house hunting and organize all bureaucratic matters in the European country.

Can my spouse stay in the UK until his last day of employment? Do I have to be here physically? Will his Residence Card be revoked if I am not here?

He will eventually follow me once he has finalized the necessary with his current employer.

Thanks for any advice.

Re: Need Advice- EU Family Member in UK

Posted: Wed Oct 31, 2018 5:56 pm
by NikiGio
Nepenthe wrote:
Wed Oct 24, 2018 6:12 pm
Can my spouse stay in the UK until his last day of employment? Do I have to be here physically? Will his Residence Card be revoked if I am not here?

He will eventually follow me once he has finalized the necessary with his current employer.
Yes, I can't see why his Residence Card would be revoked if you travel.

Re: Need Advice- EU Family Member in UK

Posted: Tue Nov 06, 2018 3:26 pm
by Nepenthe
Thanks. For clarity, if I cease my employment while my spouse ( non EU) is still working how will this affect his residency?

We are planning to relocate to Europe, and the question is if I leave before my spouse until his employment terminates, is this possible or does he have to leave immediately due to my leave?

Can he stay without me being in the country excercising treaty rights?

Re: Need Advice- EU Family Member in UK

Posted: Tue Nov 13, 2018 9:55 am
by NikiGio
Unless your spouse's residency card is about to expire and he needs to apply for another, the HO won't know you're not here and not exercising treaty rights. And by the time it expires, presumably you will have left the UK. So there should be no problem with him continuing to work until his last day of employment, while you're abroad house-hunting.