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UK Residence Card holder out of UK for sometime

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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chokedup
Newbie
Posts: 37
Joined: Thu Nov 03, 2011 8:41 pm
Location: london

UK Residence Card holder out of UK for sometime

Post by chokedup » Fri Jan 04, 2013 3:53 pm

Hello,
I would like to ask few questions:

I have UK residence permit (family member of EU citizen) visa valid for 5 years issued in FEB 2012.
I have been away from the UK since September 2012(nearly 5 months) with my wife, living in Sweden.
I am now planning a short trip back to UK for a week with my wife.

Is my UK RC still valid and would it allow me to enter UK?
How long is the RC valid once you leave the UK?

Thank you.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Jan 04, 2013 5:11 pm

Your residence Card is just getting to the invalidity stage. If you are away for six months, it will cease to be valid.
Smooth seas do not make skilful sailors

mobismome
Junior Member
Posts: 69
Joined: Thu Jun 21, 2012 2:22 am

obie justify your answer please

Post by mobismome » Fri Jan 04, 2013 7:02 pm

obie any proof to jusfity your answer ie if you are abroad for more than six months your rc will be invalid.

chokedup
Newbie
Posts: 37
Joined: Thu Nov 03, 2011 8:41 pm
Location: london

Post by chokedup » Fri Jan 04, 2013 7:04 pm

Thank you. so if i enter UK just before the end of Six months, i dont need to worry?
what i mean is Can i keep on doing this every six month and keep RC validated or it counts overall and gets invalidated.

would my swedish RC family member of EU card let me enter UK with wife?
if in case my UK RC gets invalidated?
Last edited by chokedup on Fri Jan 04, 2013 7:16 pm, edited 1 time in total.

chokedup
Newbie
Posts: 37
Joined: Thu Nov 03, 2011 8:41 pm
Location: london

Re: obie justify your answer please

Post by chokedup » Fri Jan 04, 2013 7:07 pm

mobismome wrote:obie any proof to jusfity your answer ie if you are abroad for more than six months your rc will be invalid.
I read this on UKBA website: Continuity of residence is not affected by temporary absences (generally not
exceeding 6 months per year).
Once an EEA national (or their family member) has acquired permanent residence in
the UK it can only be lost if they leave the UK for more than 2 consecutive years.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Jan 04, 2013 7:30 pm

Smooth seas do not make skilful sailors

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: obie justify your answer please

Post by EUsmileWEallsmile » Fri Jan 04, 2013 9:09 pm

mobismome wrote:obie any proof to jusfity your answer ie if you are abroad for more than six months your rc will be invalid.
Please read directive 2004/38/EC and educate yourself.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: obie justify your answer please

Post by EUsmileWEallsmile » Fri Jan 04, 2013 9:14 pm

chokedup wrote:
mobismome wrote:obie any proof to jusfity your answer ie if you are abroad for more than six months your rc will be invalid.
I read this on UKBA website: Continuity of residence is not affected by temporary absences (generally not
exceeding 6 months per year).
Once an EEA national (or their family member) has acquired permanent residence in
the UK it can only be lost if they leave the UK for more than 2 consecutive years.
It would appear that you are a long way from attaining permanent residence (this generally requires five years' residence). If achieved, one could be absent for up to two years before it were lost.

To achieve PR, generally one needs to live in the UK.

The specifics are here (2004/38/EC).

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Jan 04, 2013 11:05 pm

In practice you won't face issues. If you are non-visa national, you have no problem travelling to the UK. If you are a visa national, then the airline can't tell if the RC is valid or not anymore and will let you board. Once you reach the border, you will be admitted regardless if your RC is valid or not as long as you travel with your wife (carry your marriage certificate with you to prove the relationship).

chokedup
Newbie
Posts: 37
Joined: Thu Nov 03, 2011 8:41 pm
Location: london

Post by chokedup » Mon Jan 07, 2013 8:37 am

Thanks!
I wonder how do they find out If a person has been away for how long!

----
Oh. In oct 2013, I would have been 10 years in UK and could have applied PR on 10 year basis! well that is just a dream now.
----

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Mon Jan 07, 2013 7:45 pm

chokedup wrote:Thanks!
I wonder how do they find out If a person has been away for how long!
They ask them on the form. It may be considered an offence to deceive.

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