How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask UK_Lawyer Your Own Question

UK_Lawyer
UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
66967392
Type Your Immigration Law Question Here...
UK_Lawyer is online now

I found your address from the a website and am writing to ask

Customer Question

I found your address from the a website and am writing to ask for your professional advice on a personal immigration issue. I would like to receive your informed opinion on the query I have. Please advise how to settle the payment for your help.

The case is as follows:
I am a Bulgarian woman, who has a blue registration certificate. My husband is from Bangladesh. We married in the UK on 12 March 2012. He obtained a five-year residence permit on the basis of being married to me. Currently I am employed by a humanitarian organization - the International Committee of the Red Cross, based in Switzerland, and I am on a one-year mission in India. I left the UK on 21 January 2013 and I am planning to return around 23 January 2014, which is the end date of my contract. My husband is in Bangladesh at the moment.

I have the following questions:
If my husband attempts a return to the UK before me, would he be allowed to enter the country?
Otherwise, if I am present in the UK but after an absence of one year and a few days, would he be granted entry if we arrive in the country together?

Looking forward to hearing from you!
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UK_Lawyer replied 3 years ago.
Hi, thank you for your question. Please remember to rate my service so I am credited for my time.

1. Your husband should not try and enter the UK because you are not present in the UK and have been outside of the UK since January. Your husband's permission to remain in the UK is linked to your residency and if at this moment in time it is not the UK then your husband will not be allowed entry to the UK. His previous visa would have been curtailed and he would need to apply again for a new visa to reside in the UK with you.

2. Your husband would only be granted entry to the UK on the basis that you have been resident in the UK and have been exercising treaty rights in the UK. When you initially enter the UK after 1 year or so you would not have been exercising treaty rights in the UK, therefore you will be unable to bring your husband with you until you can prove that you are exercising treaty rights in the UK.

Non-eea national are only able to come to the UK on the basis that the EEA national is able to provide evidence of them exercising treaty rights in that particular country. Therefore until you can provide the evidence your husband will not be allowed to enter the UK.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 3 years ago.

Hi,


I am agree with your first answer. But I have some question about the second section.


I have blue card, means treaty rights & my husband have 5 years residence permit. So if i enter after 1 year or more, then why should I need to show treaty rights? Is there any time line for the blue card holder about continuity of residence?


 


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

The fact that you have left the UK means that this has invalidated your blue card. You need to be in the UK and not be resident somewhere else to benefit from the blue card.

In respect of the blue card you should not be out of the UK for more than 6 months because if you do spend more than 6 months continuously outside of the UK it is a clear indication that you are no longer residing in the UK therefore you visa would become invalid.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regard
Customer: replied 3 years ago.

Hi, No problem I will not rate you, until I found the proper information. But I have some doubt about your answer. And I didn't find anywhere that indicate, blue card holder cannot spent more than 6 months outside UK! so can you send me any link or referance from UKBA. Please.


In general there is some issue, that Non EEA family member of an EEA national can not enter UK if his/her EEA partner absent from UK for more that 6 months. But for overseas job and such other criteria it could be one year.


I fount this information from UKBA.


Blue Registration Certificates: issued to highly skilled workers, or those who are exempt from the requirement to obtain an Accession worker card; indicates that the holder can work in the UK without restrictions.


 

Expert:  UK_Lawyer replied 3 years ago.
Thank you for your reply.

Although there is nothing written in respect of a visa being revoked if you have been outside of the UK for a particular amount of time, what I was stated is as follows:

There is nothing preventing you from entering the UK on the basis that you wish to work as you have a blue card. What I was stating is that because you have been outside of the UK for over a year the home office may ask you questions if you were entering with your partner to show evidence that you have been exercising treaty rights in the UK recently.

Although there is nothing preventing you from entering the UK the immigration officer may ask you to provide evidence of exercising treaty rights in the UK to allow your husband to enter the UK because he has been outside of the UK for more than a year.

To avoid that scenario i suggested that it may be better for your to enter the UK work for a few months and then apply for your partner to join you in the UK. If you wish to enter the Uk with you partner then there is a risk that they may question you and your partner.

It is ultimately up to you wish avenue you wish to pursue.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
I hope this answers your question, if so kindly rate my answer positively.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Kindly rate my answer positively so I can get credited for my time.

Kind regards
Expert:  UK_Lawyer replied 3 years ago.
Kindly inform me if there is anything else I can assist you with.

Kind regards

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm