Immigrationboards.com

hi.
I'm holding 5 years eea family permit which will expire in 2014 but I first came to UK since 2005 with student visa. Last month I came to my home country ,Thailand ,for holiday.After few weeks in here I felt ill.I went to hospital and the the doctor found out that I diganose with Leukemia. the doctor started the treatment straight away as we cannoot wait and she said I will need to be treat for at least a year.

I know that I should not stay outside UK for more than 6 months. Will I be allowed to get in without any problem.

thank you for your help
regard
wanrawin

Hello Wanrawin

First of all, it is unlikely to be a Family Permit which you hold - EEA Family Permit's only last six months.

I presume you mean a Residence card obtained on the EEA2 form as the non-EEA family member of an EU-national?

If so, this is what it says about the residence card:


2. The validity of the residence card shall not be affected by
temporary absences not exceeding six months a year..........

.....or by one absence of a maximum of 12 consecutive months
for important reasons such as pregnancy and childbirth, serious
illness..in another Member State or a third country.


So, I would advise if your stay in Thailand is between six months and one year, that you bring a letter from your doctor confirming you had a serious illness which explains your prolonged stay abroad, when returning to the UK.

If you stay abroad more than one year, I'm not sure if you will have problems, or not, re-entering the UK, particularly if your EEA sponsor does not accompany you. Hopefully, someone can advise about this.

Be aware that a break of residence over one year- unless for military service - will mean you will set the clock back to zero with regard to applying for Permanent Residence which requires five continuous years exercising Treaty Rights - or living as the family member of someone exercising Treaty Rights.


Good luck with your treatment and hope you make a full recovery as soon as possible.