Moroccan Husband

[KIOUKIOU]

Hello, My husband is Moroccan (visa national?) his Family Permit has expired in July.
We are currently working in a hotel as a seasonal staff. We applied for a RC in April. We got our COA in May and at the same time my Registration Card (blue card). In October we want to leave our job here to go to Morocco, I would like to.know if.I request his passport back , will the application cancelled? If not will be still able to get his RC if they don't have his passport? And we are in Morocco? once we want to come back in the UK should we reapply for a EEA family permit? Eighter in Morocco or in Italy in Rome, as he has residence in Italy. (Iam Italian)Thank you very much

[EUsmileWEallsmile]

Hello, My husband is Moroccan (visa national?) his Family Permit has expired in July. OK.

We are currently working in a hotel as a seasonal staff. We applied for a RC in April. We got our COA in May and at the same time my Registration Card (blue card). Good.

In October we want to leave our job here to go to Morocco, I would like to.know if.

I request his passport back , will the application cancelled? No, his application will not be cancelled.

If not will be still able to get his RC if they don't have his passport? And we are in Morocco? It will be sent to the UK address you put on the form.

once we want to come back in the UK should we reapply for a EEA family permit? As your husband is a visa national, yes.

Eighter in Morocco or in Italy in Rome, as he has residence in Italy. (Iam Italian)Thank you very much He can apply whereever he likes, he does not need to be resident in any particular place.

I am not 100% sure what you plan to do. I take it that you plan to temporarily go back to Morocco and re-enter the UK later on.

Firstly, it is likely that the residence card will be issued soon. When did you apply? It should take 3 - 4 months (6 max). I would consider waiting for it to arrive to save yourself time and trouble. (He will be able to travel easily with that).

Remember that in general you can be outside of the UK for up to six months per year without breaking your residency.

I have answered your questions as best I can above.

[sum1]

Absences must be of temporary nature. In the past at least the UKBA seemed to have a rather narrow view on what 'temporary' means.

[EUsmileWEallsmile]

Absences must be of temporary nature. In the past at least the UKBA seemed to have a rather narrow view on what 'temporary' means.

While you may be trying to help,this post just confuses matters.

The directive is quite specific regarding absences.

If you have contrary information, please provide links / references to same.

[sum1]

Sorry, if that has confused you but merely pointing to the Directive is not necessarily too helpful either. There is still the national implementation and although the wording may be the same the actual execution of the rule through the UKBA can be an entirely different affair. I remember a case on this forum maybe 2 or more likely 3 years ago where an EEA national had problems having his PR confirmed because that person had no address anymore and there was no other evidence that person still had any connection to the UK within a certain six month period.

If the OPs travel several months from know back to the UK together they may not have a problem on entry but possibly if they ever seek confirmation of PR. If the non-EEA chooses to travel ahead with no apparent "trace" of the EEA national "being" in the UK there is the potential of problems and if so probably very rough ones. Unless it is clarified how the UKBA really interpretes 'temporary' we all should be careful in giving advice.

[EUsmileWEallsmile]

Sorry, if that has confused you but merely pointing to the Directive is not necessarily too helpful either. There is still the national implementation and although the wording may be the same the actual execution of the rule through the UKBA can be an entirely different affair. I remember a case on this forum maybe 2 or more likely 3 years ago where an EEA national had problems having his PR confirmed because that person had no address anymore and there was no other evidence that person still had any connection to the UK within a certain six month period.

If the OPs travel several months from know back to the UK together they may not have a problem on entry but possibly if they ever seek confirmation of PR. If the non-EEA chooses to travel ahead with no apparent "trace" of the EEA national "being" in the UK there is the potential of problems and if so probably very rough ones. Unless it is clarified how the UKBA really interpretes 'temporary' we all should be careful in giving advice.

I'm not confused. I think the UK has transposed this particular aspect of the directive rather well.

Continuity of residence
3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.
(2) Continuity of residence is not affected by —
(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;
(b) periods of absence from the United Kingdom on military service; or
(c) any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
(3) But continuity of residence is broken if a person is removed from the United Kingdom under regulation 19(3).

We don't know what the OP plans to do. They haven't specified (yet).

[KIOUKIOU]

Yes we come back to the uk in 4 months. We applied in April 2012 for a RC

[EUsmileWEallsmile]

Yes we come back to the uk in 4 months. We applied in April 2012 for a RC

It is likely that your residence card will be ready before October. If you can, I would suggest you wait until you get it to make life easy.

[KIOUKIOU]

We have booked our flights for the 22 October so we have still time. Anyway by the end of September I will ask for his passport back.

[EUsmileWEallsmile]

We have booked our flights for the 22 October so we have still time. Anyway by the end of September I will ask for his passport back.

Sounds like a reasonable plan.

[KIOUKIOU]

Thank you hope it will work out as we have to give 1 week notice at work and my parents will wait for us in MMorocco at the airport!!!

[EUsmileWEallsmile]

If you haven't received your residence card after three months, you can request priority.

[KIOUKIOU]

How can i request priority?