Returning to study with US Wife
#16
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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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#17
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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.
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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#18
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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.
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.
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