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Non-EU National on EEA2 moving to Europe from UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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bendoh
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Posts: 4
Joined: Wed Sep 24, 2014 9:59 pm

Non-EU National on EEA2 moving to Europe from UK

Post by bendoh » Fri Aug 14, 2015 9:25 am

Hello

I am a non-EU national (Australian) with a current EEA2 RC as the unmarried partner of an EEA National (Swedish). My RC is valid until September 2019. We are planning to move to either Sweden or Denmark (Malmo and Copenhagen on the border) next year so my EU partner can study her masters for about 2 years. I will also aim to work full-time and she will work part-time whilst studying. I may also even study a masters if time and cost allows for it. I understand that because we will be away for more than 6 months then I cannot apply for an EEA4 after we return or before returning (if we return).

However, will I just be able to return to the UK in 2018 (as my current RC doesn't expire until Sept 2019) and apply for another EEA2 on my return? Or will I need to apply for another EEA2 from Denmark/Sweden before returning to the UK? Then if we stay in the UK for a continuous period of 5 years from then, we should be able to get an EEA4?

Also, will being away for 2 years affect the validity of my current EEA2 that is valid until Sept 2019?

Thanks very much

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Non-EU National on EEA2 moving to Europe from UK

Post by noajthan » Sat Sep 05, 2015 7:11 pm

bendoh wrote:Hello

I am a non-EU national (Australian) with a current EEA2 RC as the unmarried partner of an EEA National (Swedish). My RC is valid until September 2019. We are planning to move to either Sweden or Denmark (Malmo and Copenhagen on the border) next year so my EU partner can study her masters for about 2 years. I will also aim to work full-time and she will work part-time whilst studying. I may also even study a masters if time and cost allows for it. I understand that because we will be away for more than 6 months then I cannot apply for an EEA4 after we return or before returning (if we return).

However, will I just be able to return to the UK in 2018 (as my current RC doesn't expire until Sept 2019) and apply for another EEA2 on my return? Or will I need to apply for another EEA2 from Denmark/Sweden before returning to the UK? Then if we stay in the UK for a continuous period of 5 years from then, we should be able to get an EEA4?

Also, will being away for 2 years affect the validity of my current EEA2 that is valid until Sept 2019?

Thanks very much
Don't forget a RC is not a visa.
EEA2 is granted on basis your sponsor is exercising treaty rights in UK as a qualified person.
- if that is not the case your (current) RC will become invalid.
(The RC only reflects your status at time of issue, even if it has a nominal validity for 5 years).

Ref: http://www.passportia.org/blog/uk-immig ... ence-cards

You could return in 2018 if your sponsor (partner) does.
When they are back in UK & exercising treaty rights (again), accompanied by you, then your Swedish PR clock will stop & your (& their) UK PR clock will restart again.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

humbledevil
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Posts: 2
Joined: Sun Aug 30, 2015 8:45 pm

Re: Non-EU National on EEA2 moving to Europe from UK

Post by humbledevil » Sun Sep 06, 2015 2:31 am

All assuming that UK is still in EU in 2018.

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