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EEA Residence Card Renewal

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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birdland2012
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Posts: 1
Joined: Wed Mar 07, 2012 8:49 am

EEA Residence Card Renewal

Post by birdland2012 » Wed Mar 07, 2012 8:57 am

Hi

Here is our situation:

My wife (thai) received an unmarried partner visa (Residence Card of a Family member of a EEA National) for 5 years. For the first 3 year we lived together and worked in the UK. After that we got married and got a child together too, but we have lived on and off in the UK and Thailand for the past 2 years. For the last 1 year we have lived solely in Thailand with only two short visits to UK. We are planning to go back to the UK for work again, but her visa is expiring in July.

Can anybody here advice us on what to do next?

1. Should we reapply for a new Residence card under EEA2 or ask for Permanent Residency?
2. Is it possible to ask for an extension of her current visa or should we reapply?
3. Since we haven't lived in the UK for the last year is it even possible to apply for permanent residence?

Many thanks for your replies...
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Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Fri Mar 09, 2012 2:30 am

I think you have been away for a substantial period. That Resident Card might be invalid. She should apply for a family permit and when you enter UK, apply for a residence Card
Smooth seas do not make skilful sailors
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EUsmileWEallsmile
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Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Mar 09, 2012 6:59 pm

Obie wrote:I think you have been away for a substantial period. That Resident Card might be invalid. She should apply for a family permit and when you enter UK, apply for a residence Card
If the residence card is not out of date then it will work just as well as a visa. No need to attend British embassy and reapply.

The road to PR appears to have been broken, but that's another matter entirely. Another residence card could be applied for when settled back in the UK.
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Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sat Mar 10, 2012 1:37 am

That may be an option. But by law, the residence card has losts it validity even though it is yet to expire.
Smooth seas do not make skilful sailors
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EUsmileWEallsmile
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Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Sat Mar 10, 2012 8:34 am

Obie wrote:That may be an option. But by law, the residence card has losts it validity even though it is yet to expire.
The residence card will get the holder on the plane. Why waste time and effort on a new visa?
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