Returning to the UK without EEA Citizen

[Raf1606]

Dear Forumers,

My situation is as follows:
I am in possession of the Residence Card of family member of EU citizen. We are not married and have a baby girl. I had to go on business abroad fot two months and my partner went to her home country with our daughter for this period while I am away. We all planned to go back to the UK separately in the beginning of September. My partner and daughter first and I a couple of days later to join them.

Now my parntner would like to stay in her home country for 2 more week as our daughter will be getting medical treatment till mid September. But I have to be in England in the beginning of September as planned.
The question is there any option of me returning to the Uk without my family and not joining them? I know that I will be asked where is my family at the border control. Would a supporting letter from my partner be of any help or maybe some medical evidence?
Thanks in advance for your help.

[wiggsy]

Dear Forumers,

My situation is as follows:
I am in possession of the Residence Card of family member of EU citizen. We are not married and have a baby girl. I had to go on business abroad fot two months and my partner went to her home country with our daughter for this period while I am away. We all planned to go back to the UK separately in the beginning of September. My partner and daughter first and I a couple of days later to join them.

Now my parntner would like to stay in her home country for 2 more week as our daughter will be getting medical treatment till mid September. But I have to be in England in the beginning of September as planned.
The question is there any option of me returning to the Uk without my family and not joining them? I know that I will be asked where is my family at the border control. Would a supporting letter from my partner be of any help or maybe some medical evidence?
Thanks in advance for your help.

The EEA needs to be RESIDENT in the UK and a Qualified person. You can be resident in the UK even if your "on holiday" / ETC.

An absense of 6 months (or 12 months for urgent medical treatment) is allowed.

I would say keep proof of medical treatment ETC and just explain the fact to the IO if they ask. -

dont lie, just be clear that your partner is currently absent but is returning after the medical treatment is complete.

dont volunteer the information unless you are asked - just hand over the passport and state that your returning to your family home etc. if they ask for more info like where your wife is, then thats where the evidence etc will come in...

[Raf1606]

Thank you Wiggsy for your help! Will try to do that. Just wanted to make sure that I won't be denied entry without my family.

One more quick question about our daughter:

When she was born my partner had been exercising Treaty Rights continuously since 2007 for 4 years and 10 months and after by being on maternity leave. As such I assume that our daughter does not qualify for British Citizenship because it has to be 5 years of continuous employment for my EEA partner.

In 2005 and 2006 my EEA partner was coming to the UK in summer time to work for two months each year. She was registered with WRS all the time. Can these 4 months be counted towards 4 years and 10 months in spite of the fact that there were gaps between them? If yes does our daughter qualify for British Citizenship?

[Directive/2004/38/EC]

Was she actually on maternity leave, and continued to be officially employed by her old employer?

Remember also that the 5 years typically started from the day she entered the UK, and not from when she started working.

When was the child born, relative to the entry of the mother into the UK?

[Raf1606]

Was she actually on maternity leave, and continued to be officially employed by her old employer?

Remember also that the 5 years typically started from the day she entered the UK, and not from when she started working.

When was the child born, relative to the entry of the mother into the UK?

Hi Directive/2004/38/EC!

1) My partner came to the UK for the first time in summer 2005 where she worked for 2 months and then went back to her home country.

2) Then she came again to the UK in summer 2006 and worked again for 2 months.

3) In December 2007 she came to the UK for the third time and a week later started working for the new employer where she worked till September 2012 (that's when her Maternity Leave started, so basically she is still employed). In October 2012 our baby was born, so since she started working for her last employer till baby was born 4 years and 10 months passed. My partner is still on her maternity leave till the end of this month.

[wiggsy]

Was she actually on maternity leave, and continued to be officially employed by her old employer?

Remember also that the 5 years typically started from the day she entered the UK, and not from when she started working.

When was the child born, relative to the entry of the mother into the UK?

Hi Directive/2004/38/EC!

1) My partner came to the UK for the first time in summer 2005 where she worked for 2 months and then went back to her home country.

2) Then she came again to the UK in summer 2006 and worked again for 2 months.

3) In December 2007 she came to the UK for the third time and a week later started working for the new employer where she worked till September 2012 (that's when her Maternity Leave started, so basically she is still employed). In October 2012 our baby was born, so since she started working for her last employer till baby was born 4 years and 10 months passed. My partner is still on her maternity leave till the end of this month.

gaps longer than six months break continuous residence. so 2005, 2006 do not count.

her five years began Dec 2007. so pr was on dec 2012. - how this affects child's PR i dont know - as she hadnt quite aquired PR by the time baby was born. - ill leave that to Directive...

[Directive/2004/38/EC]

1) My partner came to the UK for the first time in summer 2005 where she worked for 2 months and then went back to her home country.

2) Then she came again to the UK in summer 2006 and worked again for 2 months.

3) In December 2007 she came to the UK for the third time and a week later started working for the new employer where she worked till September 2012 (that's when her Maternity Leave started, so basically she is still employed). In October 2012 our baby was born, so since she started working for her last employer till baby was born 4 years and 10 months passed. My partner is still on her maternity leave till the end of this month.

wiggsy is right about the first two visits. Since there was a more than 6 month gap, they do not count.

The final entry was Dec 2007. So PR kicks in Dec 2012.

I would suggest your wife apply for a card confirming her PR. She needs to provide evidence that she was working and then was formally on maternity leave.

Since your baby was born before PR happened, now that the parent has PR the child can be (if desired) "registered" as a British citizen if desired. I have some memory that that requires form MN1, but might be wrong. I think there is a fee of several hundred pounds.

[Ricardo]

Was she actually on maternity leave, and continued to be officially employed by her old employer?

Remember also that the 5 years typically started from the day she entered the UK, and not from when she started working.

When was the child born, relative to the entry of the mother into the UK?

wow, I thought the 5 years starts from the day the EEA national started exercising treaty right as worker, self employed or self sufficient?

[wiggsy]

wow, I thought the 5 years starts from the day the EEA national started exercising treaty right as worker, self employed or self sufficient?

Since there was more than 6 month gap, the first 2 visits do not count.

PR is five years of CONTINUOUS residence. (as stated in the directive, gaps of longer then six months, unless for a gap of up to twelve months for serious illness pregnancy, etc will break continuious residence)

during the first three months residency is also in accordance of the regs. (three months of initial residence is allowed - regardless of being "qualified").

also take the following into consideration:

Enter in Jan. you have until the end of march unrestricted (as a "visitor")
No work? - thats fine... register as a job seeker. you then have up to *six months to find work (* six months could be longer, its a matter of not becoming a burden on the state)
no work still? how have you been living all this time? (chances are, your a self sufficient person - but you'll need CSI to qualify... a EHIC from outside the UK with a statement from yourself that "this is not a pernament move" will suffice to CSI *however, for longer than five years?... its unlikely the UKBA will take that view of it covering CSI...* - for a gap of months between employment ETC...