My wife has an Italian residence card. We recently moved to the UK and she has now been granted pre-settled status and accordingly got her UK residence card.
While waiting for the UK residence card, we travelled in the Schengen area a couple of times while still using her Italian residence card. Now that she got her UK residence card we've finally been able to confirm to the Italian consulate our new address in the UK.
We have more travel planned towards Schengen in the near future (Germany and Italy). We will be travelling together, so this will be covered under the free movement directive for EU citizens and their non-EU family members.
I'm trying to confirm if she'll be able to keep using her Italian residence card, or if she'll have to apply for visas. According to Article 11 of 2004/38/EC:
The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.
So, I'm thinking that as long as we haven't been outside of Italy for more than 6 months (and as long as we return to Italy once every 6 months), the residence card should still be valid, and we should thus be able to continue using it.
OTOH, that feels a bit against the spirit of the card being provided for the purpose of residing in the country, so I imagine that there could be a process whereby its validity gets terminated.
Is there? I haven't been able to find any information about this anywhere. Would we receive communication about this at our UK address (which the Italian authorities are aware of)?
I've seen that before there have been other questions that entailed the possibility of using a Schengen residence card after leaving the country of residence, though it seems that there hasn't been any conclusive information about my concern, for example a comment states:
do the Swedish authorities know you've moved away? Even if you have, the residence card might still be legally valid. Even if it isn't, it might not have been entered into a database of invalidated documents.
Since in Italy it's not even normally possible to get your address recorded at the register office (anagrafe) until after getting the residence card, it feels like the two systems might be quite decoupled, and thus an update in the register office systems might not even be relevant for causing a change in the immigration systems.