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EEA Expired, Transitional rules??

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

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norniron
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Posts: 4
Joined: Thu Apr 27, 2017 3:33 am

EEA Expired, Transitional rules??

Post by norniron » Fri Apr 28, 2017 1:03 pm

 Hi, 

Could someone please advise me? 
My Irish husband and I (& our two daughters) are currently living in Australia (I am from NZ) & want to return to live in Northern Ireland. I have a Residence card in my passport that expired in October 2016. It was valid for 5 years, however we have been in Australia for the last 4.5 years. Can I apply for another residence card? If so, can I apply from Australia?

Also, do you have to have been physically present in the country with dual nationality on 16 July 2012 for the 'Transitional' rules to apply? Or is it 'on or before' as a dual citizen? As we left the country on 19 June 2012 (having held my residence card since 2011).
We are self employed & would find it hat to meet the 'financial requirements' of UK partner visa, & written job offer in UK.

Thankyou for your time.

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA Expired, Transitional rules??

Post by secret.simon » Fri Apr 28, 2017 4:33 pm

You can not renew a Residence Card from outside the UK. You need to be in the UK to apply for or extend a Residence Card. You can apply for an EEA family permit if you meet the requirements. But the transitional provisions likely do not apply to you any more.
EEA family permit wrote:The transitional arrangements apply until:
The six month validity period to enter the UK in reliance on a family permit has expired and the family has not entered the UK.
Any appeal can no longer be brought
Any appeal is dismissed, withdrawn or abandoned
The person ceases to be the family member of the EEA national
Any right of permanent residence is lost as a result of absence from the UK. This means that once a right is lost, appeal rights against a claimed right are exhausted or a family permit is not used, reliance can no longer be placed by that person on the previous definition of an EEA national.
You mentioned that you are from NZ. Was any one of your grandparents born in the UK (including Ireland before 1922)? You could qualify for the Ancestry Visa under the UK Immigration Rules.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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