Re-Apply Residence Card Or Go For Permanent Residence Card

[pandahouse68]

Hi All,
My (non-EEA citizen) Sister's 5-year RC will be expired this March but she and her husband (now retired) left UK to stay in Germany where her husband used to work for more than 12 MONTHS to sort out his state pension and medical insurance and they did not expect taking so long.During the time in Germany my sister obtained a German RC so my sister now has UK as well as German one.She diagnosed a breast Cancer in 2014 When she came back from Germany and now fully recovered after a year with all suitable treatments but needs to take five year on medication. She is now working.

Does she need to renew her RC or apply for a PRC?

thanks in advance

kind regards

Kwan

[noajthan]

Hi All,
My (non-EEA citizen) Sister's 5-year RC will be expired this March but she and her husband (now retired) left UK to stay in Germany where her husband used to work for more than 12 MONTHS to sort out his state pension and medical insurance and they did not expect taking so long.During the time in Germany my sister obtained a German RC so my sister now has UK as well as German one.She diagnosed a breast Cancer in 2014 When she came back from Germany and now fully recovered after a year with all suitable treatments but needs to take five year on medication. She is now working.

Does she need to renew her RC or apply for a PRC?

thanks in advance

kind regards
Kwan

How long was sister away in Germany?
If it's over a year her residence in UK will have been broken & her PR clock will be stopped.
So a new RC would be advisable.
(RC is optional ofcourse).

Continuity of residence in UK is normally not broken by absences of up to 6 months (in a 12-month period) OR by one absence of up to 12 months for a medical reason (serious illness).

Ref: http://www.eearegulations.co.uk/Latest/ByPage/part1_3

[pandahouse68]

Hi Noajthan,
My sister was away for more than 12 months with her husband,
does it mean that she needs to re-apply for a new RC if so
but her husband (my bro-in-law) is already retired .
please help
thanks

[noajthan]

Hi Noajthan,
My sister was away for more than 12 months with her husband,
does it mean that she needs to re-apply for a new RC if so
but her husband (my bro-in-law) is already retired .
please help
thanks

Interesting case.

I can see 2 possible options.

1) She could apply for RC on basis that her sponsor (EEA national) is self-sufficient.
Note: CSI cover would be needed (for EEA sponsor & sister/spouse).

2) Possibly shoot directly for PR on the basis that the EEA sponsor was exercising treaty rights in UK & has now 'ceased activity'.

This would probably depend whether the EEA sponsor had already acquired PR in UK before going abroad to Germany;
(because then he could usually only lose such settled status after a 2-year absence from UK).

Of course sister's absence is a complication too.

May be worth digging into as a remote option anyway, see:
https://www.gov.uk/apply-for-a-uk-resid ... dence-card

[pandahouse68]

This would probably depend whether the EEA sponsor had already acquired PR in UK before going abroad to Germany;
(because then he could usually only lose such settled status after a 2-year absence from UK).

My bro-in-law is a british citizen before going abroad to Germany

[noajthan]

This would probably depend whether the EEA sponsor had already acquired PR in UK before going abroad to Germany;
(because then he could usually only lose such settled status after a 2-year absence from UK).

My bro-in-law is a british citizen before going abroad to Germany

The husband needs to be an 'EEA sponsor' by some means or other - or else he cannot sponsor his wife to live in UK under EU rules.

Does that mean they previously took the Surinder Singh route into Germany, lived/worked there for some time & then returned to UK (first time around)?
If not, how else did sister come to have residency in UK and a UK-issued RC?

Assuming it's been done via Surinder Singh...
As per case law of Eind, a BC on return to UK (after Surinder Singh) does not have to exercise treaty rights;
so, on that basis, & despite the most recent prolonged absence from UK, I trust he can still be considered as an 'EEA national' (as well as being a BC).

If not, it's unclear on what basis his non-EEA national wife could remain in UK (as the over 1-year absence will have broken her previous continuity of residence in UK).

So, if above analysis is 'correct', the 2 options seem to be:
1) Apply for another RC but now on the basis of an EEA national sponsor with 'PR'.

2) Apply for PR card on the basis of a sponsor who has 'ceased activity' (retired).
But the recent prolonged absence may have scuppered that approach.

It will cost the £65-- fee to find out for sure.

[pandahouse68]

The application form that my sister used was form EEC1 :

Application for a UK Residence Permit (EEA nationals) and/or

Residence Document (Non-EEA members of EEA nationals)

So does it mean she used Srinder route to get UK RC also she obtained a German RC (5 years card) while in Germany .
She went to Germany with her husband and came back together.
The aim to go to Germany was sorting out his Pension and medical insurance and they didn't expect it took so long.

[noajthan]

The application form that my sister used was form EEC1 :

Application for a UK Residence Permit (EEA nationals) and/or

Residence Document (Non-EEA members of EEA nationals)

So does it mean she used Srinder route to get UK RC also she obtained a German RC (5 years card) while in Germany .
She went to Germany with her husband and came back together.
The aim to go to Germany was sorting out his Pension and medical insurance and they didn't expect it took so long.

To have a UK RC expiring some time this year your sister must have received it sometime in 2011.
I can only imagine she lived in Germany, with hubby working in Germany, sometime before & up to 2010 - 2011 (?).

If they did not leave UK under Surinder Singh she could not now be operating under EU rules back in the UK.

An RC based on self-sufficient (EEA) sponsor is probably her best bet now.

It may be easier if she registers & posts her own details as this is turning into a complex case.

[pandahouse68]

It may be easier if she registers & posts her own details as this is turning into a complex case.

The problem is She knows very little of written English

[noajthan]

It may be easier if she registers & posts her own details as this is turning into a complex case.

The problem is She knows very little of written English

If her future is in UK she may wish to work on that.
If husband is BC & now retired he may have time to enquire on behalf of his wife.