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EEA citizen receiving PR and implications for family members

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

EEA citizen receiving PR and implications for family members

Post by a.s.b.o » Sat Jan 30, 2016 2:18 pm

I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.

Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?

Thank you very much for help.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA citizen receiving PR and implications for family mem

Post by noajthan » Sat Jan 30, 2016 6:42 pm

a.s.b.o wrote:I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.

Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?

Thank you very much for help.
No it is not a correct understanding.

PR will be lost due to a 2 year absence from UK; this UK law applies to the PR holder her/himself.

The family dependents enjoy their right to residence under EU Directive.

The rules about continuity of residence are transposed into UK Immigration Regulations - Regulation 3.
This sets in place the 6 months per 12 months rule.
(There is a special case for exceptional circumstances).

The sponsor's absence, from UK, of 6 months let alone 2 years (or more) will have significant repercussions for all parties.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Re: EEA citizen receiving PR and implications for family mem

Post by a.s.b.o » Mon Feb 01, 2016 6:42 pm

noajthan wrote:
a.s.b.o wrote:I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.

Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?

Thank you very much for help.
No it is not a correct understanding.

PR will be lost due to a 2 year absence from UK; this UK law applies to the PR holder her/himself.

The family dependents enjoy their right to residence under EU Directive.

The rules about continuity of residence are transposed into UK Immigration Regulations - Regulation 3.
This sets in place the 6 months per 12 months rule.
(There is a special case for exceptional circumstances).

The sponsor's absence, from UK, of 6 months let alone 2 years (or more) will have significant repercussions for all parties.
Ok. Despite the EEA's sponsor acquisition of a PR, dependent family members do not loose the right of residence if the sponsor is absent for less than 6 MONTHS, or absent for up to 12 MONTHS due to a number of defined reasons.

Thank you, now clear

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA citizen receiving PR and implications for family mem

Post by noajthan » Mon Feb 01, 2016 8:48 pm

a.s.b.o wrote:...

Ok. Despite the EEA's sponsor acquisition of a PR, dependent family members do not loose the right of residence if the sponsor is absent for less than 6 MONTHS, or absent for up to 12 MONTHS due to a number of defined reasons.

Thank you, now clear
That is one way to look at Regulation 3.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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