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Howard
Howard, Immigration Lawyer
Category: UK Immigration Law
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Experience:  Senior Partner with nearly 20 years experience in UK Immigration Law.
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Brief background: I am a USA citizen. Husband is in UK from

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Brief background: I am a USA citizen. Husband is in UK from Austria. Have been in U.K. since 2012 on EEA family permit.
I am in the UK on an EEA Family Permit. The permit has since expired and to date, I've not taken the proper steps to book for my residence card. I am wanting to travel back to the USA next month but am wondering about issues I would encounter (mainly when I am to return). Here are my questions: Am I able to re-apply for an EEA stamp whilst in the USA? If not, what can I do about traveling? I do have proof that I am exercising my treaty rights through my employed husband. I have all pertinent proof (council tax, utility bills, lease contract). Can you please tell me my options on this and whether there is some sort of emergency card I could obtain. I do not have the time now to wait the 6 month to a year time for RC.
You are able to enter the UK as the partner of an EEA Citizen exercising Treaty Rights and the EEA Family Visa or the EEA Residence Card are simply confirmation of the right that you have. You are therefore permitted to travel and re-enter the UK IF you can provide evidence of the relationship, that it is subsisting (living together) and that your partner is exercising Treaty Rights. This is defined as:

- employed or self-employed; or
- studying; or
- economically self- sufficient (meaning that you have sufficient funds to support you without requiring public funds); or
- a jobseeker; or
- retired; or
- someone who has had to cease working in the UK owing to permanent incapacity.

You must therefore ensure that you have recent and clear evidence of Treaty Rights being exercised by your partner in the UK or you may have trouble returning.

You can apply for another EEA Family Visa if you wish to do so while in the US or you can simply enter the UK IF you have sufficient and suitable evidence (original bank statements, for example, not just online printouts, current employer letter for your partner, your partner's payslips, marriage certificate, co-habitation evidence, joint financial statements or commitments, etc) and apply for a Residence Card after you return.

The Residence Card will simplify matters and also make it easier to get Citizenship in due course if you wish to do so.

http://bia.homeoffice.gov.uk/eucitizens/documents-family/

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