Non EU Family member - PR residence requirement final year

[Nadine2]

Dear all,

To start with I would like to thank all the moderators of this great board for the wonderful work you are doing. I've been a silent reader for a while but couldn't find a definitive answer for my case:

- I am a non EU citizen
- Married to a dual French/British since June 2012 (Husband acquired British citizenship in 2013)
- I came to the UK with an EEA family permit in September (permit issued in June 2012)
- My husband has been a worker until this June 2016 when his employer ended his contract
- I have a full time job since 2015, I was studying and then taking care of my baby before starting this job

Where is the issue ?

- My husband is currently looking for a job overseas (non EU country) and we are planning to move there in January 2017, but we would like to manage our options in case this move doesn't work for us.

My question is :

If I am still employed by my UK based company (working remotely), paying my taxes in the UK and coming back every month for a week, and my husband covered by a health insurance, would I be able to gain access to the UK with my RC for my monthly visits and potentially qualify for PR in September 2017 ?

I hope you can shed some light on my case, as we are really lost.

Thank you !

[Obie]

You will be able to enter the UK for as long as you remain a family member of an EEA national with the Right of Permanent Residence, provided you are not away from the UK for a period that exceeds 6 month, until September 2017.

[noajthan]

As hubby is now British, ordinarily he cannot sponsor you on the EU migration adventure.
As you had the foresight to obtain EU-related documentation you (probably) enjoy a transitional arrangement which covers you;
(it depends on checking specific key dates, June/July 2012).

But if hubby leaves country there are risks around maintaining your continuity of residence and maintaining the security blanket of that transitional arrangement.
You coming back to UK monthly but without hubby doesn't really maintain your continuity of residence.
There's a 6 month limit (per 12 months) to be aware of.

Suggest get your PR in the bag first.

Once you have PR status you will lose it again if out of UK for 2 years or more.

[Nadine2]

Thanks a lot for your responses.
Unfortunately my husband won't find easily a job in his field of his field of expertise here in the uk, that's why we're leaving.

If I did understand well what you've said :
- I will be able to enter the uk without any problems when coming every month.

But the PR would be an issue.

What if my husband comes with me every time I travel to the UK, of at least every two months. And if I manage to keep the total of my absences under 180 days from Sep 2016 to Sep 2017 ? Would that be enough to get PR ?
And would I then need to prove that my husband is self sufficient and that we have both a CSI ?


Thanks again !

[noajthan]

Thanks a lot for your responses.
Unfortunately my husband won't find easily a job in his field of his field of expertise here in the uk, that's why we're leaving.

If I did understand well what you've said :
- I will be able to enter the uk without any problems when coming every month.

But the PR would be an issue.

What if my husband comes with me every time I travel to the UK, of at least every two months. And if I manage to keep the total of my absences under 180 days from Sep 2016 to Sep 2017 ? Would that be enough to get PR ?
And would I then need to prove that my husband is self sufficient and that we have both a CSI ?

Thanks again !

Actually I meant if hubby stays abroad and only you come back it could cause issues;
that is if/when you have racked up over 6 months away in the relevant 12 month period.
(My understanding is period runs from anniversary of entry into UK, not calendar year).

Hubby doesn't need to exercise treaty rights in UK as he is a BC; (case law of Eind).
So he doesn't need to be self-sufficient or hold CSI for that reason.
(Good that you thought of it though; many good people to whom it would apply do get caught out).

[Nadine2]

As hubby is now British, ordinarily he cannot sponsor you on the EU migration adventure.
As you had the foresight to obtain EU-related documentation you (probably) enjoy a transitional arrangement which covers you;
(it depends on checking specific key dates, June/July 2012

Sorry to bother you with so many questions, could you please clarify this? What are the conditions to be met to enjoy the transitional arrangement?

And one last question: if I hire a lawyer to take care of my PR , would it be possible to not submit my passport?

[noajthan]

See guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

And no a lawyer can't help you like that.
They have no such authority.
Proof of identity required.

[Nadine2]

See guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Thanks noajthan , I looked at the document , and searched in the forum if the transitional arrangement would apply to us, since my husband wasn't British at the time. The answer seems to be yes. So I checked the dates :

I did fill and submitted my application for EEA family permit on the 2nd of July 2012

Had a physical appointment at the embassy on the 18th of July 2012

EEA family permit issued on the 23rd of July 2012

Given the above dates , Can I still covered by the transitional arrangement?

[noajthan]

See guidance on this vital matter:
https://www.gov.uk/government/uploads/s ... s_v3_0.pdf

Thanks noajthan , I looked at the document , and searched in the forum if the transitional arrangement would apply to us, since my husband wasn't British at the time. The answer seems to be yes. So I checked the dates :

I did fill and submitted my application for EEA family permit on the 2nd of July 2012

Had a physical appointment at the embassy on the 18th of July 2012

EEA family permit issued on the 23rd of July 2012

Given the above dates , Can I still covered by the transitional arrangement?

Yes, it seems you are covered because you had the foresight or luck to submit the application before 16 July (assuming that that counts rather than the appointment date):

Persons who had applied for an EEA family permit before 16 July 2012
A person who submitted an application for an EEA family permit as the family member of a dual EEA and British citizen before 16 July 2012

You will be covered as long as you remain a family member of your sponsor.

[Nadine2]

Yes, it seems you are covered because you had the foresight or luck to submit the application before 16 July (assuming that that counts rather than the appointment date):

It is pure luck

I promise these will be my last questions:

1- Could the clock for my 5 years residences start from when the EEA family permit was granted (i e July 2012) ? and not from the day I arrived to the UK ? I saw this somewhere in the forum.

2 - If everything goes well and I am to be granted PR in Sep 2017, would I be able to apply for British citizenship ? with the absences below
1st Sep 2012 - 1st Sep 2013: 30 days
1st Sep 2013 - 1st Sep 2014: 30 days
1st Sep 2014 - 1st Sep 2016: 30 days
1st Sep 2016 - 1st Sep 2017: 180 days

I wouldn't have exceeded the 270 days for the last three years, but how the 90 days condition is applied, is it in regards to the immediate 12 months before the BC application ? or is it 90 days absence from 1st Sep 2017 - 1st Sep 2018 ?

we are planning ahead but we prefer to be sure of our options and avoid issues later on

Thank you !

[noajthan]

Yes, it seems you are covered because you had the foresight or luck to submit the application before 16 July (assuming that that counts rather than the appointment date):

It is pure luck

I promise these will be my last questions:

1- Could the clock for my 5 years residences start from when the EEA family permit was granted (i e July 2012) ? and not from the day I arrived to the UK ? I saw this somewhere in the forum.

2 - If everything goes well and I am to be granted PR in Sep 2017, would I be able to apply for British citizenship ? with the absences below
1st Sep 2012 - 1st Sep 2013: 30 days
1st Sep 2013 - 1st Sep 2014: 30 days
1st Sep 2014 - 1st Sep 2016: 30 days
1st Sep 2016 - 1st Sep 2017: 180 days

I wouldn't have exceeded the 270 days for the last three years, but how the 90 days condition is applied, is it in regards to the immediate 12 months before the BC application ? or is it 90 days absence from 1st Sep 2017 - 1st Sep 2018 ?

we are planning ahead but we prefer to be sure of our options and avoid issues later on

Thank you !

No, your PR clock starts from time of arrival in UK.

Make sure to keep the absence under 180 days to maintain continuity of residence under the EU rules.
(You don't want to risk losing your status and ability to invoke the transitional arrangement).

The naturalisation '90 days in last 12 months'-rule is counted back from date of naturalisation application.
Make sure you can prove physical presence in UK 3 years before date of application too.

Those UK absence rules work differently from the completely separate EU (PR) absence rules as they are both governed by different legislation.

[Nadine2]

No, your PR clock starts from time of arrival in UK.

.

Thanks noajthan, I saw that there are changes to the way the 5 continuous residence is calculated for ILR, why the calculation is different for PR ?
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

[noajthan]

No, your PR clock starts from time of arrival in UK.

.

Thanks noajthan, I saw that there are changes to the way the 5 continuous residence is calculated for ILR, why the calculation is different for PR ?
https://www.gov.uk/government/uploads/s ... ds-v13.pdf

Because ILR is not the same as PR.
Different framework, different law.
UK immigration route versus EU migration route.

Do not confuse yourself further by using the wrong guidance; you need to review PR guidance and PR rules.