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Need Advice- EU Family Member in UK

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

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Nepenthe
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Posts: 9
Joined: Sun Sep 06, 2015 2:57 am

Need Advice- EU Family Member in UK

Post by Nepenthe » Wed Oct 24, 2018 6:12 pm

Hello All!

With the final day of Brexit looming around the corner, and uncertainties of what deal will be made, we are considering relocating to Europe. However, as my spouse, holder of the EU family residence card and currently employed in the UK what are the rules for me ( EU spouse) leaving my spouse here whilst I go house hunting and organize all bureaucratic matters in the European country.

Can my spouse stay in the UK until his last day of employment? Do I have to be here physically? Will his Residence Card be revoked if I am not here?

He will eventually follow me once he has finalized the necessary with his current employer.

Thanks for any advice.

NikiGio
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Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: Need Advice- EU Family Member in UK

Post by NikiGio » Wed Oct 31, 2018 5:56 pm

Nepenthe wrote:
Wed Oct 24, 2018 6:12 pm
Can my spouse stay in the UK until his last day of employment? Do I have to be here physically? Will his Residence Card be revoked if I am not here?

He will eventually follow me once he has finalized the necessary with his current employer.
Yes, I can't see why his Residence Card would be revoked if you travel.
I am not an immigration lawyer. My comments are opinions, not legal advice.

Nepenthe
Newly Registered
Posts: 9
Joined: Sun Sep 06, 2015 2:57 am

Re: Need Advice- EU Family Member in UK

Post by Nepenthe » Tue Nov 06, 2018 3:26 pm

Thanks. For clarity, if I cease my employment while my spouse ( non EU) is still working how will this affect his residency?

We are planning to relocate to Europe, and the question is if I leave before my spouse until his employment terminates, is this possible or does he have to leave immediately due to my leave?

Can he stay without me being in the country excercising treaty rights?

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: Need Advice- EU Family Member in UK

Post by NikiGio » Tue Nov 13, 2018 9:55 am

Unless your spouse's residency card is about to expire and he needs to apply for another, the HO won't know you're not here and not exercising treaty rights. And by the time it expires, presumably you will have left the UK. So there should be no problem with him continuing to work until his last day of employment, while you're abroad house-hunting.
I am not an immigration lawyer. My comments are opinions, not legal advice.

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