I'm baaaaaaack! And now with questions again :-)

Hello folks!

It's been a while since I posted here since we moved to France a bit more than a year ago.  We moved back to Belfast in October and I've been settled in just the same as when we left.  Matter of fact, we're in the same neighbourhood as before and I'm working part time at my old café, so it's like I never left!

Here's the situation and question:

I was on a 5-year EEA Residence Card when I left and secured a 1-year residence card from France.
When it was looking like I was unhappy with my job in Paris, I decided to move back to Belfast, where my partner had already moved to in August.  I gave two weeks notice and effectively left three weeks after I told them.  Between all the work and finalising everything, I didn't have time to get an EEA Family Permit to enter the UK, but had all my supporting documentation proving my rights so I had hoped to show that when I arrived. 
Upon arrival at the Belfast Int'l Airport, I went through the "other passports" line since I was under the impression that my res-card was no longer valid due to my being out of the country for more than a year.  I filled out the landing card and then tried to explain my situation to the agent.  I said that my partner and I had moved away for his school and I was now back even though he'd come back a few months prior.  She didn't really question anything and basically waved me through since she saw that my res-card was still within the expiry date.  I tried to clarify with her that since we'd been away for so long I was under the impression I'd need an entry permit.  She said that she was satisfied to let me through since my partner was in the UK and I had a res-card.  It seemed rather bizarre to me, but I went on through. 
Now, my res-card is up for renewal in August, though if I'd stayed the whole 5 years it would be an EEA 10-year permanent resident card.  So what should I expect when I send it in?  And should I even bother filling out the 10-year card application?  We did not maintain a permanent residence in Northern Ireland as we had no idea when (or if) we'd be back.  However we did keep our bank accounts open as he was being paid for UK work. 
Ideas?

Hello folks!

It's been a while since I posted here since we moved to France a bit more than a year ago.  We moved back to Belfast in October and I've been settled in just the same as when we left.  Matter of fact, we're in the same neighbourhood as before and I'm working part time at my old café, so it's like I never left!

Here's the situation and question:

I was on a 5-year EEA Residence Card when I left and secured a 1-year residence card from France.
When it was looking like I was unhappy with my job in Paris, I decided to move back to Belfast, where my partner had already moved to in August.  I gave two weeks notice and effectively left three weeks after I told them.  Between all the work and finalising everything, I didn't have time to get an EEA Family Permit to enter the UK, but had all my supporting documentation proving my rights so I had hoped to show that when I arrived. 
Upon arrival at the Belfast Int'l Airport, I went through the "other passports" line since I was under the impression that my res-card was no longer valid due to my being out of the country for more than a year.  I filled out the landing card and then tried to explain my situation to the agent.  I said that my partner and I had moved away for his school and I was now back even though he'd come back a few months prior.  She didn't really question anything and basically waved me through since she saw that my res-card was still within the expiry date.  I tried to clarify with her that since we'd been away for so long I was under the impression I'd need an entry permit.  She said that she was satisfied to let me through since my partner was in the UK and I had a res-card.  It seemed rather bizarre to me, but I went on through. 

It's not bizarre, it was correct. The validity of the card depends on whether your EEA partner is exercising treaty rights in the UK, not how long you've been away - so your card was not valid for entry while your partner was living in France, but it is valid for entry when he is living in the UK.

You can enter and leave the UK as many times as you like on your residence card during the 5 years and you can spend as much time outside the UK as you like and the card will still be valid as long as your partner is exercising treaty rights in the UK.

So what should I expect when I send it in?  And should I even bother filling out the 10-year card application?  We did not maintain a permanent residence in Northern Ireland as we had no idea when (or if) we'd be back.  However we did keep our bank accounts open as he was being paid for UK work. 
Ideas?

You do not qualify for permanent residence, so there's no point in applying for it (via EEA4). In order to qualify for it, you need to prove that your partner has been continuously exercising treaty rights in the UK for the whole 5 years and that you have been living in the UK for the 5 years too.

You'll need to submit another 5-year residence card application (EEA2) and then I believe you will have to wait 5 years from when you arrived back to live in the UK before you can qualify for permanent residence.

Thanks Ksand,

I was reading through the EEA4 guidelines after I'd posted the message and it was much clearer.  Though I'm still a bit confused about how my partner and I could have left the UK for more than a year and retained my right to residence simply because my res-card was still valid.  Oh well! 
Just another question regarding the new fees for the application, doesn't that sort of contradict the EU Regulations? Being away and not having to deal with these things for the past 5 years I'm rather in the dark.  My original EEA2 application was free. 
Of course, on the flip side, since my partner is Irish and we've been living in Northern Ireland, I may see about applying for Irish citizenship due to their willingness to extend the rules to folks who live "on the island of Ireland." 

Another question:

Since my res-card expires in August of this year and I won't be up for the permanent residence, should I re-apply for the EEA2 closer to the expiry of my current card?  Given the 6 month processing times, if I want to hope to get it back around the time my current one expires, should I go ahead and begin the process now?

Though I'm still a bit confused about how my partner and I could have left the UK for more than a year and retained my right to residence simply because my res-card was still valid.  Oh well!  [\quote]

Your right to residence is based solely on your EEA partner, not on your residence card. The card is just a formality, not your permission. You would still have permission to live in the UK even without the card.