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Residence card holder - EU family member on course abroad

Posted: Mon Aug 12, 2019 3:38 pm
by jw242424
Hi,

I am non-EU/UK citizen and currently have a residence card (issued in 2017) due to my wife being German. I have been living in the UK for just over 4 years.

My wife is considering undertaking a course in the EU next year which could last 6-12 months and would mean her living there (with frequent trips back to the UK). I would ideally remain in the UK for work, would this affect (or provide grounds to revoke) my residence card due to her not living in the UK full time for that period?

I have spoken to the home office 'enquiries from European citizens' line who responded that their would not be an issue however I was hoping there would be a form of guideline/legislature that I could also refer to.

Regards

Re: Residence card holder - EU family member on course abroad

Posted: Tue Aug 13, 2019 2:22 pm
by Zerubbabel
Hello

These guys at he European Resolution Center seem to live in a world of fantasy. I think they are a bunch a people trained quickly by the Home Office to face an influx of calls due to the Brexit but most often than ot, they don't know what they are talking about.

If your sponsor leaves the UK for more than 6 months, he is then no longer exercising Treaty Rights in the UK and this means that your residence card is toast.

It will be probably discovered the day you apply for a permanent residence / settlement and they will tell you that you need to wait another 5 years where your partner is continuously exercising Treaty Rights before you qualify.

These 5 years have to be continuous in one single block. without no more than 6 months interruption.