Easier to Surrender Spousal Residency and reapply or keep at all costs?

Hello everyone,

Earlier this year we got myself a spousal visa and got issued a residence card on arrival. After looking for jobs and getting an offer, my employer back overseas gave me a counteroffer so good we couldn’t deny, and we ended up flying back after a month. We are now back for the holidays and they stamped me back on the special re-entry.

While we haven’t given up on living here, we won’t do so for at least another year or likely two.

My current residency status expires in march, and it looks like to renew it I have to show payslips/tax withholding which I obviously don’t have as I haven’t worked nor lived here most of the year.

My options seem to be:

1. Renew at the immigration bureau while still here
2. when leaving after the holidays, ask for another re-entry (which would become void in march after my card lapses).
3. when leaving after the holidays, decline re-entry permit and surrender card.

Would it be recommended to go through the work of renewing it, even if it means explaining our intricate plans?

If not, is there a difference between letting the re-entry permit and status lapse vs just surrendering it at departure?

Assuming the latter options, and now that travel is unlocked, once we are ready to move we could potentially fly me in as a tourist and perform a change of status? (So no more consulate trips?)

Look forward to hear your input! Thank you in advance

1 comment
  1. I don’t think you technically can hold onto it if you do not have residency. You don’t want to find yourself in a position where you misrepresent your situation to the MOJ and possibly jeopardize future prospects.

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