Residence card visa expiring jan 2017. What's next

[bathanza]

Hello

Posting on behalf of my friend who is a german national living in the UK since 2011.

His wife is a non eea national with a valid residence card which states she is a family member of an eea national issued 2012

Friend is in panic mode unsure of what to do to make sure his wife is legal after expiry

Please can someone confirm that after continous 5 year period his wife has automatic PR?

I see there's an 85 page form to submit to verify this as a document called EEA PR. Is this the correct form to fill out after 5 year residency can be proven?

The couple have two kids and husband is working.

Many thanks

[alterhase58]

Perhaps start here:
https://www.gov.uk/apply-for-a-uk-resid ... dence-card
Recommend that friend registers on the board so she/he can answer detailed questions - I'll leave it to the experts on the board to give further comment.

[bathanza]

Thanks.

We are on the right track but specifically want to ask

1) if wife does nothing after RC expiry is she ok to travel abroad and return?

2) Eea PR is route to citizenship so they will eventually do this, how important is it to gain the EEA PR after a non eea spouses RC has expired. Question above is most important and original post.

Thanks

[noajthan]

Thanks.

We are on the right track but specifically want to ask

1) if wife does nothing after RC expiry is she ok to travel abroad and return?

2) Eea PR is route to citizenship so

they will eventually do this, how important is it to gain the EEA PR after a non eea spouses RC has expired. Question above is most important and original post.

Thanks

1) RC is not a visa. Nothing happens when it expires.

2) PR may have been acquired during 2016, that is 2011 + 5

With ambitions for citizenship confirmation of DCPR is vital. Form EEA(PR).

[bathanza]

Thanks, will let him know and not to worry about any issues with her status. Will keep post up to date once sorted. Ill be helping with paperwork so wanted to clarify travel positions

Her stay in 2011 was as visitor. Not sure if it qualifies. They dealy with the RC during her stay in that term.

[noajthan]

Thanks, will let him know and not to worry about any issues with her status. Will keep post up to date once sorted. Ill be helping with paperwork so wanted to clarify travel positions

Her stay in 2011 was as visitor. Not sure if it qualifies. They dealy with the RC during her stay in that term.

As long as sponsor was a qp and they were married then all good.
Absence less than 6 months doesn't break continuity of residence.

[SRE]

Hi,

I am a non eea citizen married with French citizen who live in UK. My RC is expired in 13 Jan 2017 and I had submit application for PR last week. My best advice is tell your friend's wife to apply for PR for her own good. I give you the link for the form if you need
https://www.gov.uk/government/publicati ... orm-eea-pr
For me RC is a visa, it just the name is different because you stay and live in a country more than 1 year. Maybe you can go abroad from UK without any problem but I don't know if you can go in UK without any problem from border check. As a non eea who live in UK, my suggestion is apply for PR.

[ohara]

Hi,

I am a non eea citizen married with French citizen who live in UK. My RC is expired in 13 Jan 2017 and I had submit application for PR last week. My best advice is tell your friend's wife to apply for PR for her own good. I give you the link for the form if you need
https://www.gov.uk/government/publicati ... orm-eea-pr
For me RC is a visa, it just the name is different because you stay and live in a country more than 1 year. Maybe you can go abroad from UK without any problem but I don't know if you can go in UK without any problem from border check. As a non eea who live in UK, my suggestion is apply for PR.

An EEA residence card is not a visa. It doesn't grant or confer the right to live/work/etc in the UK. That is automatic under EU law. A residence card is just a document which confirms you have that right, and although the cards are issued for 5 years, if you lose the status (eg because you lose your sponsor), the card becomes invalid.

Even if your RC expires, as long as your sponsor is still a qualified person, your right to live and work in the UK is unaffected.

[vinny]

1) if wife does nothing after RC expiry is she ok to travel abroad and return?

She would have to rely on 11(4) instead of 11(2)(b).