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Family member w/ residence card - question

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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jjLDN
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Posts: 9
Joined: Mon Feb 29, 2016 3:02 pm

Family member w/ residence card - question

Post by jjLDN » Thu Apr 20, 2017 10:13 am

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I have successfully received an EU Family Member residence card (EEA route) - my question is: Does this ever get withdrawn if my wife and I don't reside in the UK?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

GMB
Member
Posts: 177
Joined: Mon Jun 25, 2012 8:14 am
Location: London
United States of America

Re: Family member w/ residence card - question

Post by GMB » Thu Apr 20, 2017 10:47 am

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.

jjLDN
Newly Registered
Posts: 9
Joined: Mon Feb 29, 2016 3:02 pm

Re: Family member w/ residence card - question

Post by jjLDN » Thu Apr 20, 2017 11:07 am

Very helpful, thank you!

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