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Family member w/ residence card - question

Posted: Thu Apr 20, 2017 10:13 am
by jjLDN
Hi There,

Thank you to all the helpful people on this forum, I couldn't have stayed sane without you!

I have successfully received an EU Family Member residence card (EEA route) - my question is: Does this ever get withdrawn if my wife and I don't reside in the UK?

For example, could I move elsewhere, let's say an EU country - and re-enter the UK to work in London at any time? Or do I actually need to reside in the UK?

Any input much appreciated.

Thank you,

Re: Family member w/ residence card - question

Posted: Thu Apr 20, 2017 10:47 am
by GMB
In general, a non-EEA family member's right to reside in the UK under EEA law is based on the non-EEA FM living here with their EEA sponsor who is a) also living here and b)exercising treaty rights (or having gained Permanent Residence).

If you or your EEA sponsor no longer reside in the UK then the right to reside itself also ceases; it's not portable. There are exceptions of up to a year in certain circumstances, but these are all for temporary relocation outside the UK for study, military service, family emergencies, etc.

So no, the Residence Card is not a forever document. Since it's only physical evidence of rights you have under EEA law, as soon as you no longer have those rights the document is invalidated. Even Permanent Residence is invalidated if the person moved away from the UK for more than two years.

Re: Family member w/ residence card - question

Posted: Thu Apr 20, 2017 11:07 am
by jjLDN
Very helpful, thank you!