What is the validity of EEA2 Residence card if you are away from UK

[brown Crow]

Hello!

I am an Indian citizen married to an Irish citizen and have an EEA2 residence card valid until September 2019. We moved to the US last year and wish to visit family for end of year holidays. I am not sure whether my residence card is still valid for the visit or whether I need to get a fresh visa for the journey.

I already emailed UKBA and they replied about getting a visit visa or EEA Residence Card, which I already have. They also mention that the onus is upon the individual to ensure that they satisfy the requirements in the guidance material that accompanies each application form. UKBA can only advice. Overall the reply was vague.

I would like a confirmation on whether I would need a fresh EEA Residence Card application and if you could let me know how long an EEA 2 Residence card remains valid if one is away from the UK, that would be amazing! I have tried looking up this specific topic but couldn't find a proper answer.

Thanks again
xx

[Jbkhan32]

Hello!

I am an Indian citizen married to an Irish citizen and have an EEA2 residence card valid until September 2019. We moved to the US last year and wish to visit family for end of year holidays. I am not sure whether my residence card is still valid for the visit or whether I need to get a fresh visa for the journey.

I already emailed UKBA and they replied about getting a visit visa or EEA Residence Card, which I already have. They also mention that the onus is upon the individual to ensure that they satisfy the requirements in the guidance material that accompanies each application form. UKBA can only advice. Overall the reply was vague.

I would like a confirmation on whether I would need a fresh EEA Residence Card application and if you could let me know how long an EEA 2 Residence card remains valid if one is away from the UK, that would be amazing! I have tried looking up this specific topic but couldn't find a proper answer.

Thanks again
xx

You can come back with your Irish citizen at any time before brexit.

[Richard W]

I would like a confirmation on whether I would need a fresh EEA Residence Card application and if you could let me know how long an EEA 2 Residence card remains valid if one is away from the UK, that would be amazing! I have tried looking up this specific topic but couldn't find a proper answer.

It ceased to be valid when you ceased to have a sponsor residing in the UK. However, I am not sure that it wouldn't be revalidated by you and your sponsor arriving in the UK.

The curious thing is that the Immigration Officer is forbidden to stamp your passport if you present a residence card - would that apply to an invalid one? I suspect the correct thing to do is to present sponsor, marriage certificate and residence card to the Immigration officer on arrival, and let him choose what to do.

The one danger is that the residence card may have bee revoked because of the absence of you and the sponsor from the UK. I think that is unlikely, but it would stop you flying to the UK.

You wouldn't make a fresh residence card application from outside the UK; you would apply for a family permit.

[Richard W]

If you decide not to risk the residence card's having been revoked in a manner that would be discovered at check-in, the correct 'visa' to use is a family permit. There are amazing reports of them still being issued the next day from the US, which is in stark contrast to most of the rest of the world. If you follow this approach, for now I would advise you to abandon the application if instructed to mail supporting documents to Sheffield and apply for an ordinary visitor's visa.

[Obie]

Even if the Residence Card is revoked, this person will be entitled to a right of entry with her husband at port. Therefore an EEA Family permit is not strictly. In any event and EEA family permit has no legal basis in EU law.

[Richard W]

Even if the Residence Card is revoked, this person will be entitled to a right of entry with her husband at port. Therefore an EEA Family permit is not strictly. In any event and EEA family permit has no legal basis in EU law.

The challenge is to get to the port. That is where an EEA residence card or family permit often becomes relevant.