Reentering UK on residency permit after moving to Schengen

[Lenzznel]

Hello,

We recently moved away from the UK to Germany. My Iranian wife had a 5 year residency permit in the UK being married to a EU-citizen, which is still valid another 3 years.

After moving away from the UK and having applied for a residency permit in Germany is my wife still allowed to enter the UK (on her own) with her UK residency permit? That would mean she would carry two valid (UK and Germany) residency permits, is that allowed? Or does the UK residency permit immediately expire once moving abroad and we need to apply for a tourist visa?

I would be thankful for some experiences and advice.

Kind regards,
Lenz

[sum1]

I suppose you mean Residence Card (RC). Residency is not broken for temporary absences of up to six months per year, once for one year for certain important reasons, or longer in case of military service. The practical problem is what your wife would answer if she is asked about your whereabouts.

[Lenzznel]

Hi Sum,

It's a sticker in her passport giving her residence permission in the UK. She now will have as well the German sticker in her passport showing that she has residency in Germany, does that mean the older UK sticker becomes invalid?

[sum1]

Slightly confused because you say that the German document is a sticker. Are you yourself a German and have returned under German national immigration regulations?

But that's only partly important. British border could take on the view that another residence document is prove that you have left the UK for good although that may not be true. Based on the information above, how would your wife argue when asked that you both are still resident in the UK and you as the EU national are still exercising your treaty rights?

[Lenzznel]

Sorry for not being clear: She never had a Residency Card (RC), HO put a sticker into her passport which shows her right to stay in the UK. The German office does not issue a card neither, but sticks another sticker into her passport which shows her right to reside in Germany.

I am myself German and allowed to life and work in the UK under the EU treaties. The problem would be, if they discover in her passport the newer German residency sticker and on that base do not allow her to enter the UK as she obviously has moved to Germany (so have I, her married partner). If she then would be asked if she still resides in the UK, could she answer no and still enter?

[sum1]

A Residence Card is a sticker in the passport and those two words would clearly appear on the document.

Her right of entry and residence depend on you and your doings in the UK. She would be denied if it is not evident that you are still resident in the UK and exercise your treaty rights in the country.