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Returning to study with US Wife

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Old May 8th 2013, 9:57 pm
  #16  
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Default Re: Returning to study with US Wife

Originally Posted by holly_1948
Evidence of intention is key.
Again - the UKBA's own guidance speaks to intent:
It does not matter if the only reason the British national went to another Member State was to exercise an economic Treaty right was so that he / she could come back to the UK with his / her family members under EC law.
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Old May 11th 2013, 12:06 am
  #17  
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Default Re: Returning to study with US Wife

Originally Posted by englishguygoinghome
Again - the UKBA's own guidance speaks to intent:
Yes, the reason for wanting to become a resident is not dispositive.
But there must still be an intention to become a resident - the relevant treaty rights are for residents; and not merely an intention to be a visitor.

Firm plans to move on after a short period is evidence that points away from intent to reside.

Last edited by holly_1948; May 11th 2013 at 12:23 am.
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Old May 13th 2013, 3:22 am
  #18  
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Default Re: Returning to study with US Wife

Originally Posted by holly_1948
Yes, the reason for wanting to become a resident is not dispositive.
But there must still be an intention to become a resident - the relevant treaty rights are for residents; and not merely an intention to be a visitor.

Firm plans to move on after a short period is evidence that points away from intent to reside.
Hi Holly, I'd be really interested to understand why you so firmly believe this to be the case. Is it based on personal or professional experience or a document or law I've missed? I'm just an interested amateur with a particular liking for the EU's freedom of movement and a dislike of the UKBA's ever more authoritarian stance. I've read through the EC Directive 2004/38/EC; the judgements for Singh, McCarthy and Eind; the UKBA's Eurpoean Caseworker instructions and the UKBA's published internal guidance as well as any forum posts I've seen over the past year. I can't find anything which talks about the concept of residence in the style you are refering to (.i.e differentiating rights based on temporary vs permanent residence) or a requirement to intend to reside for any length of time, in fact the whole concept of residence seems to be pretty much based around allowing maximum transcience.
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