PR AND Treaty Rights

[jafferdeen]

hi

If an EEA national is applying PR with his non EEA national family member then is it necesary that both of them must have exercise treaty rights in the UK or the Home Office is only concern EEA national treaty rights to consider PR application??

[noajthan]

hi

If an EEA national is applying PR with his non EEA national family member then is it necesary that both of them must have exercise treaty rights in the UK or the Home Office is only concern EEA national treaty rights to consider PR application??

Only the EEA national has to be exercising treaty rights; what the non-EEA national does in UK is, in immigration terms, immaterial (as long as it is within the law).

[jafferdeen]

If non eea family member is applying for PR only himself and other EEA family member is not applying with him...in this case only non eea natioanl has to show that he was exercising treaty rights?

[noajthan]

If non eea family member is applying for PR only himself and other EEA family member is not applying with him...in this case only non eea natioanl has to show that he was exercising treaty rights?

No, you didn't get my point; it is that: the non-EEA person has to show their sponsor was exercising treaty rights.

The non-EEA person just has to be in same country at same time.
Even if non-EEA was working it doesn't count towards their PR.
Only the sponsor's activity counts.

fyi see: http://ec.europa.eu/justice/policies/ci ... nt_low.pdf