Retained right of residence

[JamesFr]

Hi guys,

I'm an EEA national (French) and currently working in the UK. Two years ago I brought my girlfriend over, who happens to be from a non-EEA country. This was on the back of an EEA family permit. After six month she received the residence card and so far so good.

In an unexpected turn of events my job will require me to relocate to the USA soon. As much as I would love to take her with me, she is quite happy in the UK, and wouldn't want to give up her job, friends, and everything she built up during those years. So in other words, she would like to remain in the UK. This is ok for both of us, because we've shown we can handle long distance and realistically I expect to be back within 1-2 years for us to reunite.

Unfortunately it appears the UK does not seem to provide a good solution for such a case. I believe my girlfriend would require the "retained right of residence". However, as far as I can see, she is only able to claim this, if (a) we have terminated our relationship, or (b) I die. We have no children together and are not married, nor do we have a formal civil partnership certificate. It seems awkward to me that we have to pretend that our relationship ended in order to get her the retained right of residence. Needless to say I don't wanna die either, so there must be another solution more geared towards our situation.

Long story short: Is it possible to get her the 'retained right of residence' on the grounds that I (her EEA sponsor) will be moving outside of the EU for a couple of years? It doesn't mean that our relationship ends at all and we would plan to visit each other quite often.

Alternatively I guess we could just not bother about filing formally, but I think that would severely hurt her travelling options. For example she's being asked about me every single time we travel together, and I'm not even sure they would let her travel alone? Or is it not such a big deal? It would suck because I want her to visit me in the US as often as possible.

Let me know, any advice is appreciated

[noajthan]

Hi guys,

I'm an EEA national (French) and currently working in the UK. Two years ago I brought my girlfriend over, who happens to be from a non-EEA country. This was on the back of an EEA family permit. After six month she received the residence card and so far so good.

...

Long story short: Is it possible to get her the 'retained right of residence' on the grounds that I (her EEA sponsor) will be moving outside of the EU for a couple of years? It doesn't mean that our relationship ends at all and we would plan to visit each other quite often.

...

Let me know, any advice is appreciated

Can't see how its going to fly.
If you were going to somewhere in Europe & exercising treaty rights in a.n.other EU country it would be more feasible.

You could look at switching gf to UK Immigration Regulations route - under work (Tier 2) or study (Tier 4) options, (or possibly a youth mobility visa, but don't know much about them).

[JamesFr]

Hmmmm... Tier 2 won't be possible I'm afraid.

I guess we then have to declare our relationship being over in order to obtain the 'retained right of residence'. That's probably what most people would do anyways if they were in our situation. The website mentions you need official decrees (or similar) in order to prove termination of partnership, but since we never entered into an "official partnership" we don't really have that option at our disposal? Is it sufficient to write that our partnership ended? What kind of "proof" could we bring? Maybe get an affidavit from work/friends? Or is it sufficient to show documents that evidence that I will be moving out of the country? That would seem like reasonable grounds for terminating a relationship in most cases.

If we go that route, will it realistically work? What are the odds of the government denying? And on what grounds?

[CR001]

Retain rights of residence is only possible for people who have divorced (EU Spouse/Non EU Spouse) after 3 years of marriage and a decree absolute has been issued by court. It is not relevant to unmarried partners.

[JamesFr]

Ok, thank you CR001, I guess I was misinformed on that matter.

Just to entertain a hypothetical idea:
If I was to leave the UK for 1-2 years with the intention of coming back, and my girlfriend would stay in the UK and continue working as normal without filing for a new visa, how likely is this to be successful? It's not like they check on her, right? At least they haven't done so in the two years she's been here. And once I'm back from the US, it would be like this has never happened..

I know it sounds crazy, but I'm sure other people must have done it. Apart from the moral stance on it, is it feasible?

Thank you

[CR001]

Except that she cannot apply for PR if you have not exercised treaty rights or been a qualified person in the UK for the full 5 years. You wouldn't be able to apply for PR either until you meet the 5 year requirement.

It is very risky to plan a game of cat and mouse with HO. What if your GF employer checks her work eligibility and her right to remain in the UK and there is a record that you are no longer in the UK? Her status is directly linked to yours.

[noajthan]

Ok, thank you CR001, I guess I was misinformed on that matter.

Just to entertain a hypothetical idea:
If I was to leave the UK for 1-2 years with the intention of coming back, and my girlfriend would stay in the UK and continue working as normal without filing for a new visa, how likely is this to be successful? It's not like they check on her, right? At least they haven't done so in the two years she's been here. And once I'm back from the US, it would be like this has never happened..

I know it sounds crazy, but I'm sure other people must have done it. Apart from the moral stance on it, is it feasible?

Thank you

Note This board does not exist to promote evasion of or even game-playing with immigration law & border control.

Other misinformed people may have tried this - and then come unstuck when their subsequent application for confirmation of PR is refused.
A confirmation of PR card is now a mandatory requirement for privilege of citizenship too - so it's a biggie.

fyi - a RC is not a visa as such.
It is not valid for 5 years even if it is issued for 5 years.

It is only valid as long as the conditions & requirements are met, namely the sponsor is a qualified person in UK exercising treaty rights & continuity of residence in UK is maintained; (ie absences within prescribed limits).

If the sponsor leaves UK the basis for the sponsee (if that is even a word) to reside/work/study in UK is terminated.

Free movement is great but it is not a 'get out of jail free'-card nor is it a Willie Wonka style 'golden ticket'.
You may have to bite the bullet and take your better half off to U.S.of A. for the duration.

[noajthan]

fyi - this may help you get your head round free movement & bring you up to speed:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf