three months period

[arash_uk]

Hi,

I have a bit strange question.

I am going to apply for EEA permit for my wife. I am a french national and now living in Turkey with my Turkish wife.

I was in UK for a short period in March. Now, she is going to apply. As I am outside the UK and she is accompanying me, my understanding is that I dont have to prove that I am a qualified person and exercising treaty right and this requirement is for people who are in the UK for more than 3 months.

Now, the question is that as I was in UK in March and then left the UK should I meet treaty right exercising requirement? Put another way, when that 3 months starts? From any entry to UK even for a short visit (in my case it was March 2013) or from when you are deciding to live in the UK?

[sheraz7]

In your situation you will not need to demonstrate treaty rights at EEA family permit stage.
The initial right of residence (3 months) that an EEA national gets under regulation 13 on arrival applies once for an unbroken residence and cannot be claimed again unless the residence breaks usually with the absence of more than 6 months.

[EUsmileWEallsmile]

In your situation you will not need to demonstrate treaty rights at EEA family permit stage.
The initial right of residence (3 months) that an EEA national gets under regulation 13 on arrival applies once for an unbroken residence and cannot be claimed again unless the residence breaks usually with the absence of more than 6 months.

I'm not sure this is quite correct. A short visit may not necessarily be considered residence. Certainly if one remained in the UK for three months, the UK would expect one to exercise treaty rights. This does not appear to be the case with the poster.

[EUsmileWEallsmile]

Hi,

I have a bit strange question.

I am going to apply for EEA permit for my wife. I am a french national and now living in Turkey with my Turkish wife.

I was in UK for a short period in March. Now, she is going to apply. As I am outside the UK and she is accompanying me, my understanding is that I dont have to prove that I am a qualified person and exercising treaty right and this requirement is for people who are in the UK for more than 3 months.

Now, the question is that as I was in UK in March and then left the UK should I meet treaty right exercising requirement? Put another way, when that 3 months starts? From any entry to UK even for a short visit (in my case it was March 2013) or from when you are deciding to live in the UK?

I would not worry about this too much if I were you. Simply make the application.

[sheraz7]

In your situation you will not need to demonstrate treaty rights at EEA family permit stage.
The initial right of residence (3 months) that an EEA national gets under regulation 13 on arrival applies once for an unbroken residence and cannot be claimed again unless the residence breaks usually with the absence of more than 6 months.

I'm not sure this is quite correct. A short visit may not necessarily be considered residence. Certainly if one remained in the UK for three months, the UK would expect one to exercise treaty rights. This does not appear to be the case with the poster.

The second paragraph is just a generic quotation & interpretation of regulation 13 regarding 3 months free initial residence but as indicated earlier in 1st paragraph the op won't need to show treaty rights under this situation as the visit was just temporary.

[EUsmileWEallsmile]

Sorry Sheraz, having re-read your post, I see the important "not", mea culpa.