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PR is not automatically achieved when the RC expires.anaotchan wrote:Hi,
My American husband has an EEA2, which expires in october 2016. As I understand, he will then gain automatic PR.
He just got an offer for a new job, and his new employer wants proof of his right to work beyond october.
How do we prove this?? I've been looking at the UKBA website but can't seem to find a page that clearly states that PR is automatically achieved when the EEA2 permit expires.
Thanks!
EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?PR is not automatically achieved when the RC expires.
It depends if you as sponsor are still exercising treaty rights.
Unclear if this is a question.saira1983 wrote:EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?
I mean when there have been 5 years since marriage, and non EU spouse wishes to apply for PR, which one of these does he / she have to prove when applying for PR:noajthan wrote:Unclear if this is a question.saira1983 wrote:EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?
Obviously its what you describe as scenario i) that has to be proven because treaty rights have to be exercised continuously;saira1983 wrote:I mean when there have been 5 years since marriage, and non EU spouse wishes to apply for PR, which one of these does he / she have to prove when applying for PR:
i) His / her EU spouse exercised treaty rights throughout the 5 year period, or
ii) His / her spouse was exercising treaty rights only at the time of expiration of RC, and not throughout the 5 years. e.g. EU spouse exercised treaty rights in Year 1 and 2, didn't exercise treaty rights in year 3 and 4, and then started exercising treaty rights again in Year 5. [EU spouse in this case does not have PR themselves].
In case (ii) above, can non EU spouse still get PR ?
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf (page 30)During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain
The UK's LR regs are not a definitive guide to EU regs (EU law).saira1983 wrote:Thanks for the reply. The question was detailed because the shorter version was unclear apparently (please see thread).
Just trying to understand the law basically. Some EU nationals say they can stay in UK for as long as they want, and so can their relatives / spouses. But some people (like you said) say the EU nationals only have the right of free movement, not the right of residence unless they are not exercising treaty rights.
Home Office guidance notes - Long Residence dated 08 May 2015 sayshttps://www.gov.uk/government/uploads/s ... .0_EXT.pdf (page 30)During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain
Also, when Home Office issues a residence card, the covering letter mentions that 'the leave granted will be broken once the relationship with the EU national ends'. No where does it say that the EU national sponsor will have to keep exercising their treaty rights. (correct me if I am wrong about the covering letter).
In short, I agree with your point (after reading Home Office guidance) that PR can only be obtained if treaty rights were exercised continuously for 5 years.
But have my doubts about the point that residence status is affected if treaty rights are not being exercised. For example, there are so many European women living in UK only staying at home with children, and not exercising treaty rights - are they all disqualified from staying in UK ? I guess not !
In my opinion, that means in accordance with....under the provisions of the EEA regulations...