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Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 12:50 pm
by bathanza
Hello
Posting on behalf of my friend who is a german national living in the UK since 2011.
His wife is a non eea national with a valid residence card which states she is a family member of an eea national issued 2012
Friend is in panic mode unsure of what to do to make sure his wife is legal after expiry
Please can someone confirm that after continous 5 year period his wife has automatic PR?
I see there's an 85 page form to submit to verify this as a document called EEA PR. Is this the correct form to fill out after 5 year residency can be proven?
The couple have two kids and husband is working.
Many thanks
Re: Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 1:48 pm
by alterhase58
Perhaps start here:
https://www.gov.uk/apply-for-a-uk-resid ... dence-card
Recommend that friend registers on the board so she/he can answer detailed questions - I'll leave it to the experts on the board to give further comment.
Re: Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 3:10 pm
by bathanza
Thanks.
We are on the right track but specifically want to ask
1) if wife does nothing after RC expiry is she ok to travel abroad and return?
2) Eea PR is route to citizenship so they will eventually do this, how important is it to gain the EEA PR after a non eea spouses RC has expired. Question above is most important and original post.
Thanks
Re: Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 4:34 pm
by noajthan
bathanza wrote:Thanks.
We are on the right track but specifically want to ask
1) if wife does nothing after RC expiry is she ok to travel abroad and return?
2) Eea PR is route to citizenship so
they will eventually do this, how important is it to gain the EEA PR after a non eea spouses RC has expired. Question above is most important and original post.
Thanks
1) RC is not a visa. Nothing happens when it expires.
2) PR may have been acquired during 2016, that is 2011 + 5
With ambitions for citizenship confirmation of DCPR is vital. Form EEA(PR).
Re: Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 4:48 pm
by bathanza
Thanks, will let him know and not to worry about any issues with her status. Will keep post up to date once sorted. Ill be helping with paperwork so wanted to clarify travel positions
Her stay in 2011 was as visitor. Not sure if it qualifies. They dealy with the RC during her stay in that term.
Re: Residence card visa expiring jan 2017. What's next
Posted: Mon Dec 26, 2016 6:34 pm
by noajthan
bathanza wrote:Thanks, will let him know and not to worry about any issues with her status. Will keep post up to date once sorted. Ill be helping with paperwork so wanted to clarify travel positions
Her stay in 2011 was as visitor. Not sure if it qualifies. They dealy with the RC during her stay in that term.
As long as sponsor was a qp and they were married then all good.
Absence less than 6 months doesn't break continuity of residence.
Re: Residence card visa expiring jan 2017. What's next
Posted: Wed Dec 28, 2016 1:43 pm
by SRE
Hi,
I am a non eea citizen married with French citizen who live in UK. My RC is expired in 13 Jan 2017 and I had submit application for PR last week. My best advice is tell your friend's wife to apply for PR for her own good. I give you the link for the form if you need
https://www.gov.uk/government/publicati ... orm-eea-pr
For me RC is a visa, it just the name is different because you stay and live in a country more than 1 year. Maybe you can go abroad from UK without any problem but I don't know if you can go in UK without any problem from border check. As a non eea who live in UK, my suggestion is apply for PR.
Re: Residence card visa expiring jan 2017. What's next
Posted: Thu Dec 29, 2016 2:38 am
by ohara
SRE wrote:Hi,
I am a non eea citizen married with French citizen who live in UK. My RC is expired in 13 Jan 2017 and I had submit application for PR last week. My best advice is tell your friend's wife to apply for PR for her own good. I give you the link for the form if you need
https://www.gov.uk/government/publicati ... orm-eea-pr
For me RC is a visa, it just the name is different because you stay and live in a country more than 1 year. Maybe you can go abroad from UK without any problem but I don't know if you can go in UK without any problem from border check. As a non eea who live in UK, my suggestion is apply for PR.
An EEA residence card
is not a visa. It doesn't grant or confer the right to live/work/etc in the UK. That is automatic under EU law. A residence card is just a document which confirms you have that right, and although the cards are issued for 5 years, if you lose the status (eg because you lose your sponsor), the card becomes invalid.
Even if your RC expires, as long as your sponsor is still a qualified person, your right to live and work in the UK is unaffected.
Re: Residence card visa expiring jan 2017. What's next
Posted: Thu Dec 29, 2016 5:56 am
by vinny
bathanza wrote:1) if wife does nothing after RC expiry is she ok to travel abroad and return?
She would have to rely on
11(4) instead of
11(2)(b).