Immigrationboards.com

Hello you all.
I've been wanting to obtain this information here at this website, but so far nothing has happened. I hope I'm lucky thing time. I really need this info, so guys please help me out. Question is: I'm currently on a UK residence visa ( family member of an EEA national (Italian wife). My 5 years visa will expire on 19th of January 2016. My question is: we want to go to Brazil in January. Can I travel on a expired residence visa and apply for PR when I m back in February ?
We're married for 13 years now. We are here in the UK for 5 and a half years. It is really important to have this info...i gotta be home because my mom is sick and I don't know if i can go or not. Really appreciate your feedback!!

Can you please stop posting the same query as a new thread in all the different forums. Multiple Posting (Click)

I have moved one of your threads to here, which is the relevant forum. Please be patient, someone who can advise you when they are online will probably.

leopett wrote:Hello you all.
I've been wanting to obtain this information here at this website, but so far nothing has happened. I hope I'm lucky thing time. I really need this info, so guys please help me out. Question is: I'm currently on a UK residence visa ( family member of an EEA national (Italian wife). My 5 years visa will expire on 19th of January 2016. My question is: we want to go to Brazil in January. Can I travel on a expired residence visa and apply for PR when I m back in February ?
We're married for 13 years now. We are here in the UK for 5 and a half years. It is really important to have this info...i gotta be home because my mom is sick and I don't know if i can go or not. Really appreciate your feedback!!

With the level of immigration laws changing everyday, EEA nationals are loosen their right systematically so my advice to you is not to go unelse you need to urgently because you only got 2months left on your RC . Am not a lawyer or solicitor but if you think carefully, am sure you will understand that its not worth it at all. It is your choice anyway.

Thanks for your reply! So I better either go now or apply for my PR instead? Some say We have permanent status already as we're here for more than 5 years and at the HO site they even say I don't need to apply, because isn't necessary. I'm confused. If I have PR already so why not go ?

leopett wrote:Thanks for your reply! So I better either go now or apply for my PR instead? Some say We have permanent status already as we're here for more than 5 years and at the HO site they even say I don't need to apply, because isn't necessary. I'm confused. If I have PR already so why not go ?

You are really asking about maintaining your continuity of residence.
A short absence from UK will not break your residence in UK.

See Regulations:
http://www.eearegulations.co.uk/Latest/ByPage/part1_3

As to PR, applying for a 'confirmation of PR' card is optional.
However recent changes in naturalisation rules mean that holding a PR card (not just having acquired PR) is now a mandatory prerequisite for citizenship.

If your spouse has been exercising treaty rights continuously in UK for 5 (+) years then, yes, you may well both have acquired PR, automatically, by now.
If you have citizenship in your sights you will have to start thinking about a PR card sooner or later (due to the recent rule changes).

And if you do travel abroad in the short term suggest you search threads in the forum for advice on re-entering UK.

thanks!
I will apply for my PR card, as it's easier to proof i am allowed to work, etc.
my residence card expires next january. my only doubt is: if i am travelling with my wife , who is italian, should be any trouble re entering? she has the right to come and go, and we are married for 14 years now...then after january i could calmly apply for my PR. Its just that: if we've been here for nearly 6 years now, how can they deny my re entry? we have a life here....and she is EEA working full time for the whole time. plus she has a great job. finally...if we have automatic PR by now, how can we check that?? last time when i got in, coming g from Rome in august, the BORDER lady told me i should had e entered on the EU queue..only i am braziian....perhaps she seen on the system i was a PR already??

leopett wrote:thanks!
I will apply for my PR card, as it's easier to proof i am allowed to work, etc.
my residence card expires next january. my only doubt is: if i am travelling with my wife , who is italian, should be any trouble re entering? she has the right to come and go, and we are married for 14 years now...then after january i could calmly apply for my PR. Its just that: if we've been here for nearly 6 years now, how can they deny my re entry? we have a life here....and she is EEA working full time for the whole time. plus she has a great job. finally...if we have automatic PR by now, how can we check that?? last time when i got in, coming g from Rome in august, the BORDER lady told me i should had e entered on the EU queue..only i am braziian....perhaps she seen on the system i was a PR already??

I think you will be alright when coming back to the country.

The immigration officer cannot see at the border that you already acquired PR, she was only given you an advice where to qeuee on arrival to UK next time .

If you know you have all the documents for your PR why not apply now, you might be lucky your application may be treated quickly and receive it by January ending. I have witnessed it happening but they will post it after the previous one expires. You need well arrange documents to make it simple.

Good luck

Great into,thanks guys!
One more thing: if i Go to Rio Now and come back in 20 days its ok? Since my visa expires in january only....and then I apply when im back. What do you think?

No problem