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Re-Apply Residence Card Or Go For Permanent Residence Card


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#1 Golf

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Posted 13 January 2016 - 12:24 PM

Hi all ,

 

Happy new year

 

My 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 female chest appendage 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 renew her RC or apply for a PRC?

thanks in advance

kind regards

Kwan





#2 Susi

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Posted 13 January 2016 - 07:08 PM

Is your sister an EEA citizen? 



#3 Golf

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Posted 13 January 2016 - 09:38 PM

thanks for your reply

No, she is an non-EEA citizen.



#4 Susi

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Posted 14 January 2016 - 04:33 PM

Assuming your brother-in-law is the EEA citizen, does he have permanent residence (PR)? 



#5 Golf

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Posted 14 January 2016 - 08:12 PM

He is a British citizen and used to work in Germany for couple of years



#6 Susi

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Posted 14 January 2016 - 10:11 PM

In which case, how did she obtain her RC under EEA regulations? Did they use the Surinder Singh route? 



#7 Golf

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Posted 15 January 2016 - 11:53 AM

Highly likely and the application form that  she used was EEC1 :

 

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

Residence Document (Non-EEA members of EEA nationals)



#8 Golf

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Posted 17 January 2016 - 08:12 PM

anybody can tell me what My sister to go for



#9 Susi

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Posted 18 January 2016 - 01:39 PM

I'm not sure whether the Surinder Singh route can be used twice. The essence of Surinder Singh is that there must be a 'movement of the centre of life' to the EU state. Tying up loose ends (pension etc) may not qualify. I'll look into it, but she doesn't qualify for PR due to her husband's break in exercising his Treaty rights. Has he been employed in the UK during their time here before he left for the 12 month period of residence in Germany? 



#10 Golf

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Posted 18 January 2016 - 06:43 PM

Yes both he and my sister has  been employed in the UK during their time here before they left for the 12 month period of residence in Germany.
 






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