Do I need to apply for a new eea2 residence card?

[Nessie2016]

I lived in the UK for 4 years on a eea2 residence card that expires this November 2016. I left with my family for a year and six months and now we're all planning to come back. Should I apply for a new residence card or permit before moving back? Can I show the one that is still valid? I could also enter on a tourist visa for 6 months and applied within? Any advice on this matter is helpful.

[noajthan]

I lived in the UK for 4 years on a eea2 residence card that expires this November 2016. I left with my family for a year and six months and now we're all planning to come back. Should I apply for a new residence card or permit before moving back? Can I show the one that is still valid? I could also enter on a tourist visa for 6 months and applied within? Any advice on this matter is helpful.

Your right to reside in UK has expired and the RC is null and void.

If not a visa-free national suggest apply for FP to enter UK.
Entering as visitor is not a very good idea.

[Richard W]

I lived in the UK for 4 years on a eea2 residence card that expires this November 2016. I left with my family for a year and six months and now we're all planning to come back. Should I apply for a new residence card or permit before moving back? Can I show the one that is still valid? I could also enter on a tourist visa for 6 months and applied within? Any advice on this matter is helpful.

The dates don't add up - "4 years" + "a year and six months" > 5 years, so the residence card will expire before your return. Perhaps the initial part of the 4 years was on a family permit.

Your right to reside in UK has expired and the RC is null and void.

Are you, Noajthan, assuming that the residence card will have expired before the return? Otherwise, assuming they're all returning together, that statement only makes sense to me if you're claiming that the card will have been revoked. (I don't believe any of the conditions for implicitly revoking a card apply - they all relate to steps to actively prevent the holder being in the UK.) A residence card remains valid until it expires or is revoked, by Regulation 17(6) and (8).

The right to re-enter easily is given by Regulation 11(2)(b) plus the fact that the OP remains a family member. It would be advisable to have the marriage certificate (or other evidence if an extended family member) to hand just in case of problems.

In terms of abuse, the residence card would only be being used to show that the OP has been accepted by the UK government as a family member; in particular, that the marriage is not one of convenience. The right of entry depends on the EEA sponsor being present; the family will be using the right to the initial 3 months, not any evidence of exercising treaty rights. The only way that could be abuse is if the law is changed (such an executive fiat has been promised for June 2016 if the UK votes to remain in the EU) so that marital breakdown makes a marriage a marriage of convenience, and such a breakdown would have been detected if the family had stayed in the UK.

If not a visa-free national suggest apply for FP to enter UK.
Entering as visitor is not a very good idea.

If the RC were not usable, that would indeed be sound advice. The visitor route is for those who travel without a visa to board aircraft or ships and for those who don't care about demonstrably breaking the law.

@Nessie2016, have you been in the EEA for the past 18 months? If you have another EEA residence card, it would be good to offer the Immigration Office both cards and let him choose which to admit you on.

[noajthan]

The OP's continuity of residence is broken having been away over 6 months as well as for over 12 months (in case it was an absence for an exceptional reason or military service etc).

A RC only really reflects holder's status on day of issue - it is, after all, simply a confirmatory document;
- after that first day, a RC holder may (at any time) have divorced or left the country for a 'long time' or (perish the thought) died (etc etc).
The RC will no longer reflect or indeed confirm the holder's supposed status.

Having been away (too long) the OP no longer has a right to reside in the UK at the moment.
The OP now has a beer mat instead of a RC.

The massed ranks of the UKBF cohort should be ready and standing by to do their duty...

Examination should be to establish that the passenger is the rightful holder of the document and that he is still the family member of the EEA national who is a qualified person

It will be very disappointing if our hard-earned tax £££s are not used as follows...

Residence card can be revoked if the holder of the card is no longer the family member of a qualified person or an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence

https://www.whatdotheyknow.com/request/ ... ndents.pdf

[Richard W]

The OP's continuity of residence is broken having been away over 6 months as well as for over 12 months (in case it was an absence for an exceptional reason or military service etc).

For the OP this resets the clocks. I don't see any other connection.

For the OP's spouse, this may matter if said spouse lacks permanent residence. Permanence residence would remain if it previously existed.

A RC only really reflects holder's status on day of issue - it is, after all, simply a confirmatory document;
- after that first day, a RC holder may (at any time) have divorced or left the country for a 'long time' or (perish the thought) died (etc etc).
The RC will no longer reflect or indeed confirm the holder's supposed status.

It's pretty good for status as a family member, which is what matters in this case.

Having been away (too long) the OP no longer has a right to reside in the UK at the moment.

But on arriving (as opposed to 'entering') in the UK with spouse, the OP will have the right to reside.

The massed ranks of the UKBF cohort should be ready and standing by to do their duty...

Examination should be to establish that the passenger is the rightful holder of the document and that he is still the family member of the EEA national who is a qualified person

It's a bit disturbing that the text overlooks permanent residents, but they correct it later.

Note that if we take this literally, the OP's RC will have done its job, namely to get the OP to the border. The OP should then have all the documents available to establish the right to enter.

It will be very disappointing if our hard-earned tax £££s are not used as follows...

Residence card can be revoked if the holder of the card is no longer the family member of a qualified person or an EEA national with a right of permanent residence and has not retained the right of residence or acquired permanent residence

Actually, it is not cost effective. Cancelling the residence card of someone who must be admitted anyway costs the taxpayer money - the Home Office makes a loss on residence cards. However, in the OP's case, it may be beneficial to obtain a wet ink stamp at the border. That would be valid for 6 months, and may be better than relying on the CoA which is unlikely to be based on copious evidence of the sponsor exercising treaty rights. A family permit obtained beforehand should be as useful.

I suppose it is an argument for the sponsor to return first to start exercising treaty rights. Then the residence card should not be revoked on entry.

Do we know of Immigration Officers admitting family members as such but revoking their residence cards? I can believe permanent residence cards are revoked in similar circumstances when permanent residence has been lost.

[noajthan]

A breach of continuity of residence by physically relocating elsewhere terminates any previously accrued right of residence in UK.

Back to OP question, FP now required for simplicity/convenience;
sponsor is no longer a qualified person in/of UK;
a RC previously issued to a dependent of such an EEA national on basis of them being a qp is now meaningless.

[Richard W]

a RC previously issued to a dependent of such an EEA national on basis of them being a qp is now meaningless.

Is it unlawful to present it to an airline on check in?

[Nessie2016]

Thanks for all your answers. Indeed we've been outside the EEA area during that time. However our circumstances have not changed ie. We're still married and planning to come back to the UK in June. Just wanting to avoid issues when returning. Numbers doesn't add up since I was under another visa before, my residence card is from 2011 to Nov 2016, left UK Feb 2015, so over a year. My spouse will be coming with me and if I understand correctly she should be admitted based on her nationality and after 3 months it would have to be based on her exercising treaty rights. To be on the safe side do you think I should go for the RP before going?

Ps, funny the comment that I now have a nice RC beer mat

Is contacting the home office any helpful? I remember it used to be just machines with recorded messages and it was pretty hard to get hold of a human being.

[noajthan]

Thanks for all your answers. Indeed we've been outside the EEA area during that time. However our circumstances have not changed ie. We're still married and planning to come back to the UK in June. Just wanting to avoid issues when returning. Numbers doesn't add up since I was under another visa before, my residence card is from 2011 to Nov 2016, left UK Feb 2015, so over a year. My spouse will be coming with me and if I understand correctly she should be admitted based on her nationality and after 3 months it would have to be based on her exercising treaty rights. To be on the safe side do you think I should go for the RP before going?

Yes, an EEA national can freely enter UK and enjoy an initial 3 months grace period before having to exercise treaty rights (in one or more ways).

If you have time suggest applying for a FP to smooth your way into the country.
Otherwise you can attempt to use one of the approaches outlined here:
https://eumovement.wordpress.com/2010/0 ... to-travel/

[Nessie2016]

A bit related to all what you mentioned. My wife lived in the UK for 7 years before we left to Dubai with me for a year and 5 months. She did not however apply for permanent residence then. Would the clock also restart for her if she wishes to do so in the future despite not being out for more than two years?

[noajthan]

A bit related to all what you mentioned. My wife lived in the UK for 7 years before we left to Dubai with me for a year and 5 months. She did not however apply for permanent residence then. Would the clock also restart for her if she wishes to do so in the future despite not being out for more than two years?

It depends if wife had acquired PR status (regardless of applying for a DCPR to confirm it).
It is PR status itself that would be lost after 2 years so if wife has acquired PR previously then she will still have it.

However, if wife has not acquired PR then her continuity of residence in UK will now have been broken due to this absence of approx 18 months.
(The maximum permitted in exceptional cases is a one-off 12 months absence).
So, in that case, wife's PR clock will have been stopped and reset to zero.