Continuity of residence

[fmdddv]

Hello,

I'm a EEA national and I have been residing in the UK for 20 years since being a child. My 2 children were also born here and through my automatic PR, they are both british nationals. It was never my intention to naturalize as a british citizen (mainly due to the costs involved), however since my husband is non EEA, we are now contemplating this route and I will start by applying for EEA3. My husband is due to apply for EEA4 this year as it would be 5 years since our marriage but his resident permit is valid until 2016. He has been out of the UK for over 6 months due to work commitment abroad and is not due back for another 3 months. I stayed here with our children.
According to the legislation, you are entitled to be away up to 6 months in total in any year or one 12 months absence for important reasons. Could I kindly get some advise on the following questions?

Does the legislation refers to calendar years or from the start of the first absence?
How would this absence affect (if at all) his application for EEA4?
Also, would a motoring offense affect his application?
Having lived here most of my life (only being absent for holidays out of the country) and having only worked reduced hours in the last 5 years (some periods of no work at all) due to mostly looking after my children, what are my chances of being granted PR?

Many thanks beforehand.

[askmeplz82]

your answer is here...


https://www.whatdotheyknow.com/request/ ... ent_evalua

[kristine015]

If he is looking to apply for British citizenship after getting PR if he gets it, I will tell you now he will get denied for the citizenship due to motor conviction unless the conviction has been spent.

I have gone through same experience. Tried to apply for BC in 2010 only to be denied due to my driving conviction. I hired solicitor and it didn't help. No appeal given either.

My conviction was driving with no insurance but was out of my control step father cancelled it without my knowledge. The judge gave me a slap in the wrist in court knowing the situation was difficult and wasn't entirely my fault (1week driving ban) . This was explained to the HO however they still insisted that its still a conviction and under rules a person must have good character and have not broken any UK laws. To them I have because it is written and in the system it is a conviction even though it wasn't my fault.

The conviction needs to be spent 5 years. I was convicted 2009 for no insurance, so to spend the five years means in September 2014 my conviction will be spent. Won't be gone to the system but will be spent lol.

[fmdddv]

Thank you to you both.