I want to ask if it is possible for a non EU with an EEA residence card to remain in UK working after that the EU partner returns to her country (EU country different from UK). I wonder if the Non EU that has the EEA residence card and is working in UK loses the right to stay and to work in UK if the EU partner has to return to the EU country (different from UK). We will remain married, but as my EU wife has a contract for 1 year and after she doesn't know if the employee renews her contract. Maybe she returns to her EU country. In the case that she has to return, what happened with the NON EU husband that is working in UK with the residence card?

Can he (the Non EU) work in UK for the rest of the time that he has active the residence card? or Do you know if he (the non EU) has to come back to EU?

  • 2
    Has he lived in the UK for five years? If so, he has acquired a right of permanent residence. If not, he can't remain in the UK based on his relationship; he'd need to find other means such as a work visa.
    – phoog
    May 24 '17 at 1:11
  • Thank you. Do you know if he can stay for the remaining time of the residence card? For example if he has the residence card since 1 year and the residence card is valid for 5 years.
    – Marce S
    May 24 '17 at 6:06
  • No. The right to live in the UK is derived from the EU family member's residence in the UK. If the EU family member leaves the UK, the residence card holder no longer has a right to freedom of movement in the UK. This is covered in article 14 of the directive and in 18(7)(c) of the Immigration (EEA) regulations ("A residence card is no longer valid if the holder ceases to have a right to reside under these Regulations").
    – phoog
    May 24 '17 at 6:47

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