EEA Permanent Residence Card expired - start over ?

[akakk1968]

Hi

I am an EEA national. Family of 5 (all 3 kids are also EEA nationals) lived in the UK for 8 years. My wife (Canadian) got her Permanent Residence card in 2010.

We then moved out of the UK first to Canada and then the US in 2010. Now I am back again in the UK working. The family is still in the US. PR card is now expired because it is >2 years since we left.

Question: When the family is arriving in the UK does my wife just have to prove her EEA family connection again (copy of marriage cert, letter from me, proof of my work situation) to the Border Agent and "start all over again" OR can she try and re-woke her PR Card (stamped in her old passport) ? I am not planning to apply for anything before they arrive.

Thank you.

[rosebead]

The right of permanent residence has been lost according to Article 16 of the Citizens Directive. This means starting all over again I'm afraid.

[akakk1968]

ok thanks.

And the "starting procedure" can be done when arriving at the Border - provided all evidence (marriage cert, Letter, payslips etc) is with you ?

[rosebead]

Since your wife is a non-visa national you have two options - you can apply for an EEA Family Permit (entry visa) out-of-country which takes a few weeks, or you can apply straightaway for the 5-year Residence Card (EEA2) in-country after your family enters the UK, since you've already found employment. It's up to you. I don't think you will have a problem getting either the EEA Family Permit or the EEA2 if you apply for it.

[akakk1968]

Thank you very much for clearing this up for me