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Husband been absent from the country for 2 years due to work

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Trina
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Joined: Sat Apr 29, 2017 10:30 pm

EEA non EU family member residence card

Post by Trina » Sat Apr 29, 2017 10:52 pm

Hello there guys,

I've been married to an EEA citizen for 4,5 years now and my residency card will expire in november.
It happened that my husband had to go abroad for work, which means he's been out of the UK for 2 years now, coming to visit, but basically living there, which I guess means i cannot apply for Indefinite leave to remain, is that correct?

He's finally coming back next month :) Can i apply for another 5 year residency card? Do i need to provide the same paperwork as the first time round and can i do it without having to leave the UK?

Trina
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Posts: 4
Joined: Sat Apr 29, 2017 10:30 pm

Husband been absent from the country for 2 years due to work

Post by Trina » Wed May 03, 2017 10:07 am

I've been married for 5 years to EU citizen but he had to leave for work for 2 years, while i was still here. He's coming back now and will be getting a job. Can i apply for another 5 years residency card?

Trina
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Posts: 4
Joined: Sat Apr 29, 2017 10:30 pm

EEA2: EEA partner leaving country

Post by Trina » Wed May 03, 2017 3:21 pm

Hey guys,

I'm sorry to interrupt, but i cannot seem to find the answer to this and no one is answering my own topic i=on this forum...

I'm in a similar position, my EEA national husband had to go abroad for work, so he has been out of the country for 2 years now, however, he is now coming back and will be looking for a job here. I'm at the end of my 5 years residency card, it expires in November 2017, We've been married for about 3 years before he left for work. Does this mean i cannot apply let's say for another 5 years residency card, due to him coming back now?

Been trying to find a similar scenario but your topic is the closest I've seen so far.

PLEASE HELP!

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Casa
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Re: Husband been absent from the country for 2 years due to

Post by Casa » Wed May 03, 2017 6:40 pm

You actually lost your right to reside in the UK when your husband as your EEA sponsor left to work in another country.

Unless anyone can come up with a better option, I think you best chance would be to apply for a new resident permit when he returns to the UK.
Your time without valid leave however won't count towards qualifying for PR.

Did you husband hold PR before he left for 2 years?
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Trina
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Posts: 4
Joined: Sat Apr 29, 2017 10:30 pm

Re: Husband been absent from the country for 2 years due to

Post by Trina » Thu May 04, 2017 11:57 am

Casa wrote:You actually lost your right to reside in the UK when your husband as your EEA sponsor left to work in another country.

Unless anyone can come up with a better option, I think you best chance would be to apply for a new resident permit when he returns to the UK.
Your time without valid leave however won't count towards qualifying for PR.

Did you husband hold PR before he left for 2 years?
Thank you for your reply! Oh dear... He's Irish (Dublin), so he never needed one... He's back this week. So i can apply for the same residency card (5 year one) i've got now? In the same way we did before? How these 2 years of him being away gonna affect the application? Do i need to explain or something? Looks like it's not as straight forward as the first time round...

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