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RC validity without eea family member in uk
Posted: Sun Mar 10, 2013 10:31 am
by afizah
Hi There,
I am a Non-EEA national with RC, which will expire in 2016. My wife wants to leave UK for future studies in India and i want to continue my Job in UK to support her.
My wife will be back to UK in three years. But can i stay in UK alone with out my wife(EEA national) in these three years Or do i reallly need to apply for RC to retain my right to residence.
Could you please let me know what i have to do and all possible ways.
Thanks,
afizah
Posted: Sun Mar 10, 2013 10:42 am
by EUsmileWEallsmile
An EU national can be out of the host member state for up to six months per year without affecting their residency or up to a year for important reasons including study (can only be used once).
The family member's residence is dependent on the EU national.
The short answer to your question, is no you can't do what you propose.
Posted: Sun Mar 10, 2013 10:45 am
by ravii
Once your wife leaves the uk for three years then you have to apply for the confirmation of retain rights of residence otherwise you havo no right to reside in the uk.
Posted: Sun Mar 10, 2013 10:53 am
by sheraz7
The rights of non-eea national are derived from the activities of eea national in eea member state. So based on your situation that you described the validity of your eea2 RC will become void.
Posted: Sun Mar 10, 2013 3:51 pm
by Jambo
ravii wrote:Once your wife leaves the uk for three years then you have to apply for the confirmation of retain rights of residence otherwise you havo no right to reside in the uk.
One can't retain residence rights unless divorced, the EEA national dies or there is a child involved. I don't think the OP case is any of those.
Posted: Sun Mar 10, 2013 4:42 pm
by ravii
Op,why you wants to live in the uk with out your EEA national partner?Do you have any reason to justify your say in the uk without your sponcer EEA national?
Re: RC validity without eea family member in uk
Posted: Sun Mar 10, 2013 4:49 pm
by ravii
[quote="afizah"]Hi There,
I am a Non-EEA national with RC, which will expire in 2016. My wife wants to leave UK for future studies in India and i want to continue my Job in UK to support her.
If this is your reason then you are unable to retain rights,as you can support your wife in India as well.but if you have a multi million business/reasonable work in the uk and you can't go away then there is a chance to retain rights.
Posted: Sun Mar 10, 2013 5:35 pm
by sheraz7
Even for retaining right the OP need the proofs of its EEA partner's treaty rights too despite being billionaire. No special policy for it.
Posted: Sun Mar 10, 2013 10:24 pm
by EUsmileWEallsmile
The OP has been given interesting points of view regarding their situation. Their proposal will not be in compliance with the regulations.