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Got Residence Card - Time Limits?

Posted: Tue Dec 15, 2009 7:50 am
by altoje
Hi

My partner have a 5 year residence card (I am a eea citizen, she is not and we got the residence card using EU rules relating to unmarried partner visa).

My question is if there is a time limit on how long she will be able to leave the UK (to visit her home country)? Will she still be able to come back to UK using her residence card if she has been in her home country for 3, 6, 12 months?

Many Thanks for your reply

Posted: Tue Dec 15, 2009 9:58 am
by Ben
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Article 11 - Validity of the residence card wrote:1. The residence card provided for by Article 10(1) shall be valid for five years from the date of
issue or for the envisaged period of residence of the Union citizen, if this period is less than five
years.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six
months a year, or by absences of a longer duration for compulsory military service or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.