Eu citizen marrried to US citizen. stamp expiring, now what?

[kat78]

I am a Dutch passport holder married to an USA passport holder. We got married in London in April 2004. If I remember correctly we sent of both our passports and marriage certificate. I got a residence permit (blue card) and my husband got a black stamp in his passport stating his right of residence in the uk as a family member of an EEA national. We both worked in the UK and have NI numbers. The stamp and residence card are valid for 5 years. We moved to the States in April 2005 and just now moved back (3 years living in the States and got Green Card).
We are now intending to live long term in London again and I'm not sure what our next step should be concerning the stamp in my husband's passport. It is valid for one more year but I don't know what we should apply for as we only lived together as a married couple for one year in the UK.

[John]

I don't know what we should apply for as we only lived together as a married couple for one year in the UK.

Interesting question, and I think that the answer is that whilst, ordinarily, the application would be made on form EEA4 for confirmation of PR .. Permanent Residence .. status, because of the 3 year gap, he can only apply for a further 5 year residence card using form EEA2.

But then, irrespective of the later date of that new residence card, he will automatically get PR status 5 years after the resumption of exercising EU Treaty Rights in the UK. He could then use form EEA4 to get confirmation of the PR status.

[Directive/2004/38/EC]

Your rights are pretty clearly defined in Directive 2004/38/EC

In general, you can have up to six months a year outside of the UK (or any member state) without loosing your residence status. 3 years in the US is definitely more.

If you have permanent residence in the UK (or any other member state), then you loose it after two years.

If you are in the US, you technically should apply for a EEA family permit before moving to the UK. Free and it proves your husband's right to work.

If you are already in the UK, he needs to apply for a Residence Card.

Are you planning to work or study in the UK?

[thsths]

The stamp and residence card are valid for 5 years.

Yes, but he would have lost his right of residence by now. The question is whether it "becomes valid again" if you both move to the UK. After all, he would have the right of residence (again), and he has a residence card to confirm it. So does he need to make a new application? I think it would be better for you, because it removes any possible doubt about his status.

So I would ask the embassy in the US or the European casework section from the BIA whether they would process a new application. It is entirely possible that they would refuse it, on the grounds that he already has a valid residence card.

Tom

[kat78]

Hmmmm, interesting. I'm guessing technically he lost his residence status although nothing was said when we entered the UK.
It would make sense to re-apply and send in both our passports, marriage certificate etc. and maybe accompany a letter explaining our situation?

[kat78]

btw, we are both in the UK already and we intend to work.

[kat78]

Ok, just of the phone with someone at BIA and she told me that the stamp and card are still valid until the expiry date in 2009. Before it runs out we both need to send of our passports and apply for a EEA1 for him and a EEA2 for me (procedures have changed since we applied 4 years ago). This would give me another 5 year card and him another 5 year stamp. After we lived here for 5 years we can apply for Indefinite Leave.

[Directive/2004/38/EC]

As an EU citizen, you are not at all required to register with BIA in the UK.

Interesting that they suggest you renew in 2009 with EEA1 and EEA2 (both are for your initial residence card). If they think your present permission is valid, then you should not be applying for another (initial) residence card then, you should be apply for a permanent residence card (aka Indefinite Leave).

In any case, it does not really matter. You are here and working. Your husband is here. His rights derive only from you and your work and are not affected by how the home office confuses things.