EEA PR 5 years in UK+2 years absence

Laura123 · Post by **Laura123** » Fri Jul 05, 2013 8:00 pm

Laura123 wrote:Hope you can advise me...

I am EEA national. After living in the UK for 5 years while exercising EU Treaty Rights but I did not apply for Permanent Residence and felt a country for nearly 2 years for study pusposes. After those nearly 2 years I returned to the UK.

During my 3rd year living in the UK I got married to a non- EEA national, he applied for residence card (for 5 years). We lived together for 3 years and then, as I have mentioned already, I left the UK for nearly 2 years.

My first questions is, wether I could be considered as a permanent resident even if I did not apply for it?

Secondly,whether my spouse had a right to live in the UK while I was away for 2 years, if I am considered to be a permanent resident?

And thirdly, if my spouse will still be entitled for a permanent residence due to the fact that I was away?

Thank you in advance

Hi, I hope someone you advise me...

I am a EEA national. I arrived to the UK Aug 2006, I was exercising EU Treaty rights and then in Aug 2011 I left the UK, after living in the UK for 5 years. At that time I did not apply for the UK PR. But now I am in the UK, after nearly 2 years of absence. Can I apply for confirmation of my PR now? Did I have to apply for PR or I become authomatically a permanent resident?

Thank you for you help

Post by **EUsmileWEallsmile** » Fri Jul 05, 2013 10:24 pm

You can apply now or not bother.

You obtained PR automatically and have not lost it because you have not been absent from the UK for more than two years.

Any particular reason why you might want it?

Laura123 · Post by **Laura123** » Fri Jul 05, 2013 10:40 pm

thank you for your reply.

This leads to another question, if my absence has an effect on my non- eea national spouse residence? currently he has a residence for 5 years, which expires 2014. Do we actually have to live in the UK together all those 5 years if they consider me as a permanent resident?

Post by **EUsmileWEallsmile** » Fri Jul 05, 2013 10:44 pm

In my opinion, this may well mean that your family member's residence timeline will restart on your return to the UK.

In order to attain PR, a non-EU family member, generally requires to reside with their EU family member for the required period (five years for most).

I suggest you read through directive 2004/38/ec.

Laura123 · Post by **Laura123** » Fri Jul 05, 2013 10:54 pm

It is getting more clear now...

So can my spouse's 5 years residence be cancelled due to the fact that I was away or he still has a right to live in the UK until it expires? Or do we have to reapply for a new 5 year residence now?

Post by **EUsmileWEallsmile** » Sat Jul 06, 2013 7:22 am

If you are in the, your spouse can be with you (you no longer require to be a worker, student, etc as you have PR).

The validity of the card or otherwise does not change this. The trouble may come when PR is applied for (ie the absences may mean that it would be refused). That said, another residence card could be applied for once the first one expires, or if you prefer, you could apply for a new one (that is if you are back in the UK).

Laura123 · Post by **Laura123** » Sat Jul 06, 2013 10:10 am

Thank you for your help. Our solicitors are so useless, they do not answer even simple questions.

Post by **EUsmileWEallsmile** » Sat Jul 06, 2013 9:17 pm

I encourage you to read directive 2004/38/ec. If you have more questions, please ask.

Laura123 · Post by **Laura123** » Sun Jul 07, 2013 8:19 pm

is there a possibility that after court the judge decides that my husband has to back to the country of his origin and then I will need to re-apply for his residence?

and one more question, during those first 5 years, am I allowed to be away from the UK 6 months in total or I can be away 6 months each year? and only once up to 1 year for important reason?

Post by **EUsmileWEallsmile** » Sun Jul 07, 2013 8:33 pm

Laura123 wrote:is there a possibility that after court the judge decides that my husband has to back to the country of his origin and then I will need to re-apply for his residence?

and one more question, during those first 5 years, am I allowed to be away from the UK 6 months in total or I can be away 6 months each year? and only once up to 1 year for important reason?

Are you facing a court case or is this conjecture?

If you live in the UK with your husband, he cannot be forced to leave (save for serious criminal matters).

You need to read through the directive.

Laura123 · Post by **Laura123** » Sun Jul 07, 2013 8:49 pm

This is a real court case, unfortunately. There are no serious criminal matters involved. Is just that I was not in the UK when he got detained. But now I am moving back.

Post by **EUsmileWEallsmile** » Wed Jul 10, 2013 8:54 pm

If you are in the UK, exercising treaty rights (or have permanent residence), your family member can be with you.

Laura123 · Post by **Laura123** » Thu Jul 11, 2013 7:43 pm

What if I am in the UK and searching for job, can I re-apply for his residence for another 5 years now while he is detention centre? Could be he released without even going to court (court is next month)

Post by **EUsmileWEallsmile** » Fri Jul 12, 2013 8:22 pm

I thought you had permanent residence? In any event, a worker includes the possibility of being a job-seeker.

Laura123 · Post by **Laura123** » Sat Jul 13, 2013 1:11 am

I thoughts so as well, but now when I was going through all my documents I realised that it will be difficult to prove that I had health issurance during the first 2 years of my residence when I was a student... I still need to check if my part- time job at that time covered it...
but in any way I dont believe anymore that my permanent residence status would help in this situation.
thank you for your concern...

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EEA PR 5 years in UK+2 years absence

EEA PR 5 years in UK+2 years absence