Non EEA national with UK residence card as a depandent

[randomhero594175]

Hi,
I have a quick question.
I am a non EEA national in UK and hold PR. My wife is a EEA national and hold permanent residence status as well. My mother is non EEA national but hold UK residence card as a dependent on me and my wife.

Is there any restriction on my mother on how long she can stay out of UK. If she stay out of UK for more than 6 months what will happen?

Thanks for your help guys.

[noajthan]

Hi,
I have a quick question.
I am a non EEA national in UK and hold PR. My wife is a EEA national and hold permanent residence status as well. My mother is non EEA national but hold UK residence card as a dependent on me and my wife.

Is there any restriction on my mother on how long she can stay out of UK. If she stay out of UK for more than 6 months what will happen?

Thanks for your help guys.

What is the reason for such an absence?
A long (up to 12 months) one-time absence for exceptional reasons, (pregnancy, military service etc) may be allowed.

Otherwise, for an absence due to normal reasons (say a family visit), Mom's continuity of residence in UK will end after 6 months. Her PR clock will stop.
On return she may have to apply for a FP (for re-entry) as mom's RC will have become invalid.
Then, optionally, reapply for a fresh RC (after proving dependency all over again).

[randomhero594175]

Thanks you for quick reply.

She is not out of UK for 6 months yet. She is just visiting family etc in Pakistan. Can i arrange for her to come back for a week and then she can go back. Do the UK residence staying in UK clock works like that?

Regards,

[noajthan]

Thanks you for quick reply.

She is not out of UK for 6 months yet. She is just visiting family etc in Pakistan. Can i arrange for her to come back for a week and then she can go back. Do the UK residence staying in UK clock works like that?

Regards,

A family visit is not an exceptional reason.

Over 6 months of absence in any 12 month period is too much (the 12 month period is based on anniversary of entry into UK).
It doesn't matter if the absence is one long stretch or made up of lots of short trips - its the total that is counted.

[Noetic]

Also somewhat inaccurate to claim someone is dependent on you and needs to be allowed to live in the UK when they spend more than half the year swanning around the home country.

[randomhero594175]

Thank you Noetic for your explanation.

swanning will be a wrong world to use. A right word is visiting the family while still being dependent on me.

Just to add in your information Study, Vocational training and Serious Sickness is also added in 12 months absence reason.

So i will be using one of those reasons to justify her absence.

[Ikonkar]

Just to add in your information Study, Vocational training and Serious Sickness is also added in 12 months absence reason

How do you go by predicting serious sickness (Godforbid) or planning on getting her on Study, Vocational Training in Pakistan justify she being dependent on you?

I'm no judge but by the sound of it if this long absence (visiting family) by the virtue of being dependent on you gives her freedom to stay in Home country for a longer time, surely caseworker can take this into consideration whilst working on your mum's PR(in future).

No wonder why UKVI are getting more and more strict with the EU laws - when people like yourselves firstly) claim the world for them being dependent on you and as soon as they get the residence card - sudden urge to stay or visit Home country for longer times. Surely, this will become more hard for the genuine people claiming the same sort of rights.

Just my 2 cents.

[randomhero594175]

Thank you for your help matte.

[noajthan]

Thank you Noetic for your explanation.

swanning will be a wrong world to use. A right word is visiting the family while still being dependent on me.

Just to add in your information Study, Vocational training and Serious Sickness is also added in 12 months absence reason.

So i will be using one of those reasons to justify her absence.

A dependent who claims serious sickness as a reason to return home to family weakens the whole case for their readmittance to UK as a dependent aged parent who is reliant on their EEA sponsor in UK for essential daily needs.