British Expats - Returning to study with US Wife

British Expats (https://britishexpats.com/forum/)

- Moving back or to the UK (https://britishexpats.com/forum/moving-back-uk-61/)

- - Returning to study with US Wife (https://britishexpats.com/forum/moving-back-uk-61/returning-study-us-wife-795572/)

Re: Returning to study with US Wife

Quote:

Originally Posted by holly_1948 (Post 10699568)

Evidence of intention is key.

Again - the UKBA's own guidance speaks to intent:

Quote:

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.

Re: Returning to study with US Wife

Quote:

Originally Posted by englishguygoinghome (Post 10699865)

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.

Re: Returning to study with US Wife

Quote:

Originally Posted by holly_1948 (Post 10703400)

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.