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Retention of Right EEA2 and EEA4 Residence CARDS!

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

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mcovet
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Retention of Right EEA2 and EEA4 Residence CARDS!

Post by mcovet » Sun Oct 02, 2011 12:32 am

anyone received RC based on retention of right to reside? In the past UKBA would issue RC with the same wording (family member of EEA national). Now under regulation 4 of The Immigration (European Economic Area) (Amendment)Regulations 2009 they must issue the wording saying the person retained right of residence.

But, it does NOT say anything about those who have retained the right AND then applied for PR. ANYONE here who received PR based on Retention of Right and please tell us the wording. I hope it doesn't say you are still a family member of EEA national.

Although I suspect those who got PR do not check in here much, but still... any responses welcome! (P.S. stories on re-entering the UK on the Residence Card issued after retaining the right to reside following divorce, death, violence etc of EEA national).

bobobo
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Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by bobobo » Sun Oct 02, 2011 9:42 am

I got a similar RC again for 5 years, with a covering letter from the HO stating that I had retained rights of residence and no longer dependent on eea national.

I have now applied for PR, I have travelled outside UK and when I came back I wasnt asked a signle question, they saw a cancelled RC in my passport and a new one, they just said welcome back and i was done in less that a minute, didnt ask a single question.But i wsa prepared with the Letter from HO and all.
mcovet wrote:anyone received RC based on retention of right to reside? In the past UKBA would issue RC with the same wording (family member of EEA national). Now under regulation 4 of The Immigration (European Economic Area) (Amendment)Regulations 2009 they must issue the wording saying the person retained right of residence.

But, it does NOT say anything about those who have retained the right AND then applied for PR. ANYONE here who received PR based on Retention of Right and please tell us the wording. I hope it doesn't say you are still a family member of EEA national.

Although I suspect those who got PR do not check in here much, but still... any responses welcome! (P.S. stories on re-entering the UK on the Residence Card issued after retaining the right to reside following divorce, death, violence etc of EEA national).

reda
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Location: United Kingdom

Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by reda » Sun Oct 02, 2011 7:28 pm

mcovet wrote:anyone received RC based on retention of right to reside? In the past UKBA would issue RC with the same wording (family member of EEA national). Now under regulation 4 of The Immigration (European Economic Area) (Amendment)Regulations 2009 they must issue the wording saying the person retained right of residence.

But, it does NOT say anything about those who have retained the right AND then applied for PR. ANYONE here who received PR based on Retention of Right and please tell us the wording. I hope it doesn't say you are still a family member of EEA national.

Although I suspect those who got PR do not check in here much, but still... any responses welcome! (P.S. stories on re-entering the UK on the Residence Card issued after retaining the right to reside following divorce, death, violence etc of EEA national).
I retained right of residence after divorce,they gave me new 5 years with letter saying that i retained right of residence,the last time i come back to UK the officer asked me why they issue me another RC(i got both in the same passport which the previous one still valid)i answer her that i retained right of residence she replied that explain all and she gave me my passport back.

mcovet
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Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by mcovet » Sun Oct 02, 2011 10:45 pm

thanks for replying guys. It is wrong that they still use the old style residence cards! the EEA amendment regulation 2009 is clear about the wording they should use. See paragraph 4 of Schedule 1 regarding regulation 17 and adding 6A!

http://www.legislation.gov.uk/uksi/2009 ... ule/1/made

when was yours issued? and has anyone queried why they do not use the ones required by law?

bobobo
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Joined: Fri Aug 29, 2008 2:13 pm

Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by bobobo » Mon Oct 03, 2011 7:58 am

I got my new RC in July last year. I will be travelling again shortly, and have had my pasport returned by the HO. This time I have the following:
1. Letter confirming retention of rights
2. HO COA for my EEA 4 Application
3. The letter HO sent me when they returned my passport back to me

so hopefully I should be ok.
mcovet wrote:thanks for replying guys. It is wrong that they still use the old style residence cards! the EEA amendment regulation 2009 is clear about the wording they should use. See paragraph 4 of Schedule 1 regarding regulation 17 and adding 6A!

http://www.legislation.gov.uk/uksi/2009 ... ule/1/made

when was yours issued? and has anyone queried why they do not use the ones required by law?

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by Directive/2004/38/EC » Mon Oct 03, 2011 8:01 am

mcovet wrote:thanks for replying guys. It is wrong that they still use the old style residence cards! the EEA amendment regulation 2009 is clear about the wording they should use. See paragraph 4 of Schedule 1 regarding regulation 17 and adding 6A!

http://www.legislation.gov.uk/uksi/2009 ... ule/1/made

when was yours issued? and has anyone queried why they do not use the ones required by law?
Can you explain please why this is an issue one way or another?

mcovet
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Re: Retention of Right EEA2 and EEA4 Residence CARDS!

Post by mcovet » Mon Oct 03, 2011 4:40 pm

I have had at least two people complain they are not happy to be regarded as deriving rights from EEA national post divorce. Also extra questions at airports and the need to explain to IOs that it's UKBA that issues the same thing etc. etc.

It's more of a psychological and personal thing for people. You can ask around ppl would prefer to have the RC in accordance with 2009 Amendment Regs. It is there for a reason.

Directive/2004/38/EC wrote:
mcovet wrote:thanks for replying guys. It is wrong that they still use the old style residence cards! the EEA amendment regulation 2009 is clear about the wording they should use. See paragraph 4 of Schedule 1 regarding regulation 17 and adding 6A!

http://www.legislation.gov.uk/uksi/2009 ... ule/1/made

when was yours issued? and has anyone queried why they do not use the ones required by law?
Can you explain please why this is an issue one way or another?

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