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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
If she and her family are not covered by CSI, I'd recommend you to get CSI for your family and apply for another EEA2.Obie wrote:during the time your wife decided to stay at home, did she hold a CSI. That will be key to your success.
askmeplz82 wrote:kulla wrote:Hello Obie and other gurus,
She recently received EEA3 (Permannat Residence Card with no expiry date).
she don't need to exercise treaty right anymore.
Hubba wrote:askmeplz82 wrote:kulla wrote:Hello Obie and other gurus,
She recently received EEA3 (Permannat Residence Card with no expiry date).
she don't need to exercise treaty right anymore.
I don't think this is correct. From my understanding of EU directive 2004/38/EC, the right of residence for family members of an EEA national only exists if the EEA national is exercising Treaty Rights in another member country and it is given by article 7 paragraph 2. Therefore I think the EEA national does need to be exercising Treaty Rights, even if permanent residence has already been granted (please bear in mind, an EEA national with permanent residence in another EU member is not necessarily exercising Treaty Rights), in order to be able to sponsor the residence rights of family members.
In my view, there is no requirement for the EEA national to be working, have savings, or do whatever it would be needed to be exercising Treaty Rights if the EEA natnional has obtained permanent residence. The right of residence of the EEA National, on this case, is not dependant of the exercise of his Treaty Rights on the scope of the EU directive 2004/38/EC. The residence right of Non-EEA family members is dependant of the exercise of Treaty Rights by the EEA national, regardless of the fact that the EEA national may already have acquired PR. This requisite is only dismissed when the Non-EEA family member obtains PR. The Article 7 of EU directive 2004/38/EC doesn't cater for cases where the EEA national has already obtained PR. It only specifies that the EEA national must be exercising Treaty Rights as specified on Article 7, paragraph 1.askmeplz82 wrote: Somebody with PR is not required to be working or have savings. Once permanent residence has been acquired there is no requirement for the EEA national to be in the UK or need to work in the UK. in order for the NON EEA family member to be admitted and to reside as long as he/she not been absent from the UK for more than 2 years.
https://eumovement.wordpress.com/category/visas/