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EEA Residence Card Renewal

Posted: Wed Mar 07, 2012 8:57 am
by birdland2012
Hi

Here is our situation:

My wife (thai) received an unmarried partner visa (Residence Card of a Family member of a EEA National) for 5 years. For the first 3 year we lived together and worked in the UK. After that we got married and got a child together too, but we have lived on and off in the UK and Thailand for the past 2 years. For the last 1 year we have lived solely in Thailand with only two short visits to UK. We are planning to go back to the UK for work again, but her visa is expiring in July.

Can anybody here advice us on what to do next?

1. Should we reapply for a new Residence card under EEA2 or ask for Permanent Residency?
2. Is it possible to ask for an extension of her current visa or should we reapply?
3. Since we haven't lived in the UK for the last year is it even possible to apply for permanent residence?

Many thanks for your replies...

Posted: Fri Mar 09, 2012 2:30 am
by Obie
I think you have been away for a substantial period. That Resident Card might be invalid. She should apply for a family permit and when you enter UK, apply for a residence Card

Posted: Fri Mar 09, 2012 6:59 pm
by EUsmileWEallsmile
Obie wrote:I think you have been away for a substantial period. That Resident Card might be invalid. She should apply for a family permit and when you enter UK, apply for a residence Card
If the residence card is not out of date then it will work just as well as a visa. No need to attend British embassy and reapply.

The road to PR appears to have been broken, but that's another matter entirely. Another residence card could be applied for when settled back in the UK.

Posted: Sat Mar 10, 2012 1:37 am
by Obie
That may be an option. But by law, the residence card has losts it validity even though it is yet to expire.

Posted: Sat Mar 10, 2012 8:34 am
by EUsmileWEallsmile
Obie wrote:That may be an option. But by law, the residence card has losts it validity even though it is yet to expire.
The residence card will get the holder on the plane. Why waste time and effort on a new visa?