EEA family member PR still depending on the EEA family membe

[Tobbe]

The missus is changing job so I was looking through the HO employers guidelines to make sure we have the correct papers in order etc. When I stumble upon this:

“4. A permanent residence card issued
by the Home Office or the Border and
Immigration Agency to the family member
of a national of a European Economic Area
country or Switzerland.

When nationals from EEA countries and Switzerland
reside in the UK, their immediate family members
from outside the EEA or Switzerland may gain
the same rights to enter or remain here and work
here freely. However, the EEA national in question
must be lawfully residing in the UK for their family
member to have and maintain these rights.“

PREVENTION OF ILLEGAL WORKING

So a permanent residence card is in fact not a permanent one?

[John]

I don't think that is right at all. The fact is that reg 15(2) of the The Immigration (European Economic Area) Regulations 2006 reads :-

Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

But I am not at all surprised that there is yet another example of the way UKBA really does not seem to understand the EU regulations that it is meant to be administering in the UK.

[joelondon]

The missus is changing job so I was looking through the HO employers guidelines to make sure we have the correct papers in order etc. When I stumble upon this:

“4. A permanent residence card issued
by the Home Office or the Border and
Immigration Agency to the family member
of a national of a European Economic Area
country or Switzerland.

When nationals from EEA countries and Switzerland
reside in the UK, their immediate family members
from outside the EEA or Switzerland may gain
the same rights to enter or remain here and work
here freely. However, the EEA national in question
must be lawfully residing in the UK for their family
member to have and maintain these rights.“

PREVENTION OF ILLEGAL WORKING

So a permanent residence card is in fact not a permanent one?

where did u see this ? as i'm a permanent resident in the uk and permanent resident in france ...me and my wife we are playing with the 2 residency ....i dont want to loose the uk one and neather the french one ...

[joelondon]

The missus is changing job so I was looking through the HO employers guidelines to make sure we have the correct papers in order etc. When I stumble upon this:

“4. A permanent residence card issued
by the Home Office or the Border and
Immigration Agency to the family member
of a national of a European Economic Area
country or Switzerland.

When nationals from EEA countries and Switzerland
reside in the UK, their immediate family members
from outside the EEA or Switzerland may gain
the same rights to enter or remain here and work
here freely. However, the EEA national in question
must be lawfully residing in the UK for their family
member to have and maintain these rights.“

PREVENTION OF ILLEGAL WORKING

So a permanent residence card is in fact not a permanent one?

read this

5.7.2 Retained right of residence
This relates to non-EEA family members who have already obtained a right of
residence. To retain this right of residence, the family member must, as though he
were an EEA national, fall within the definition of worker, self-employed person or
self-sufficient person or be the family member of a person who falls within one of the
definitions. Regulation 10 defines the circumstances in which a person can retain the
right of residence:
• EEA national qualified person has died but the family member has lived in the
UK in accordance with the EEA Regulations for at-least a year prior to the
death.
• EEA national qualified person has died or left the UK but his spouse/civil
partner was attending an educational course immediately prior to the death or
departure and continues to attend such a course OR is a parent who has actual
custody over a child who meets these requirements.
• If termination of the marriage or civil partnership has occurred but the family
member was living in the UK at the time AND either:
o marriage/partnership lasted for at-least 3 years prior to the initiation of
termination proceedings and the parties have lived in the UK for at-least
one year during that time or
o the family member has custody of a child of an EEA national or
o the family member has a right of access to a child of an EEA national
where access in the UK has been court ordered or
o Continuity of residence is warranted by difficult circumstances such as
domestic violence.

[joelondon]

...do u know where they studied the EEA4 application forms , is it in Croydon or Liverpool .... I'm a bit confuse now , i need some serious help , my case is a bit complicated , before i applied for the UK PR i left the UK about 2 months before my resident permit expired i went to France to apply for the permanent resident of France , as my wife is French .i had the resident permit in about 25days. but i'm thinking if its possible to send my wife to apply for my UK PR , do u think it will be a problem for that , as if it was me who applied for it...plzzzzzzz let me know .