Returning to study with US Wife
#16
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Returning to study with US Wife
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.
#17
BE Forum Addict
Joined: Jul 2003
Location: Finally moving!
Posts: 1,236
Re: Returning to study with US Wife
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.
#18
BE Enthusiast
Joined: Feb 2012
Posts: 837
Re: Returning to study with US Wife
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.