EEA 2 and work for 5 years in the UK

nadouya · Post by **nadouya** » Fri Dec 10, 2010 12:45 pm

Hello,
I hold a Residence card for 5 years due to EEA2. Since I've been working continuously in the UK.
It won't be possible for me to apply for EEA4, because my sponsor left the country, and though did not exerce treaty right.

Can I apply through another way to get a permanent residence, or another 5 years ?

Thanks a lot.

Plum70 · Post by **Plum70** » Fri Dec 10, 2010 12:56 pm

Who is your sponsor? Spouse? Parent? Relative?

What is their nationality?

How long (date range) were you living with s/he in the UK?

What were they doing in the UK during the above period?

When did they permanently leave the UK?

What are you doing in the UK now?

nadouya · Post by **nadouya** » Fri Dec 10, 2010 1:07 pm

My sponsor is my daughter, she hold a french passport.
I've been living in the UK for 3 1/2 years.
I've got EEA2 up to dec 2012.
I've been working continuously since more than 3 years, and not left the UK for more than 3 weeks for holidays.
Now she went back to France since 2 years, so she can't sponsor me again for EEA4 in 2012.
Maybe I will be eligible for right of retention?
Thanks a lot.

86ti · Post by **86ti** » Fri Dec 10, 2010 1:24 pm

nadouya wrote:It won't be possible for me to apply for EEA4, because my sponsor left the country, and though did not exerce treaty right.

And you should have left with her or should have obtained a permission to stay in your own right. Sorry to say, but it looks like you are illegally in the UK.

nadouya · Post by **nadouya** » Fri Dec 10, 2010 1:50 pm

I hold the residence till December 2012. Am I illegal, because she left?

86ti · Post by **86ti** » Fri Dec 10, 2010 2:12 pm

nadouya wrote:Am I illegal, because she left?

Yes.

mcovet · Post by **mcovet** » Fri Dec 10, 2010 3:07 pm

I find it plainly wrong and unethical to tell a person they are illegal in the country without first fishing out all the details about their and the "sponsor's"/family member's stay in the UK!

Nadouya, can you tell us exactly when your daughter first moved to the UK, how long after that YOU moved to the Uk. What exactly was your daughter doing in the UK and how long did she stay in the UK, was it 1 or 3 years? We need the whole history of her movement between France and the UK too.

The more info you give the easier it would be to help you.

Thanks

86ti wrote:
nadouya wrote:It won't be possible for me to apply for EEA4, because my sponsor left the country, and though did not exerce treaty right.
And you should have left with her or should have obtained a permission to stay in your own right. Sorry to say, but it looks like you are illegally in the UK.

mcovet · Post by **mcovet** » Fri Dec 10, 2010 3:08 pm

Do you mean she left 2 years ago or she left for 2 years just recently, please clarify.

nadouya wrote:My sponsor is my daughter, she hold a french passport.
I've been living in the UK for 3 1/2 years.
I've got EEA2 up to dec 2012.
I've been working continuously since more than 3 years, and not left the UK for more than 3 weeks for holidays.
Now she went back to France since 2 years, so she can't sponsor me again for EEA4 in 2012.
Maybe I will be eligible for right of retention?
Thanks a lot.

86ti · Post by **86ti** » Fri Dec 10, 2010 3:19 pm

mcovet wrote:I find it plainly wrong and unethical to tell a person they are illegal in the country without first fishing out all the details about their and the "sponsor's"/family member's stay in the UK!

Fast typer but slow reader? The OP indicated that the daughter has left the country...

86ti · Post by **86ti** » Fri Dec 10, 2010 4:18 pm

And here the same story from the daughter's perspective...

mcovet · Post by **mcovet** » Fri Dec 10, 2010 5:43 pm

I know the daughter has left the country, however, as you probably know, there are certain regulations allowing the OP to retain the right of residence, in case of departure of the EEA national from the Member State!

86ti wrote:
mcovet wrote:I find it plainly wrong and unethical to tell a person they are illegal in the country without first fishing out all the details about their and the "sponsor's"/family member's stay in the UK!
Fast typer but slow reader? The OP indicated that the daughter has left the country...

mcovet · Post by **mcovet** » Fri Dec 10, 2010 5:45 pm

How was I supposed to remember this, don't take the earlier comments to heart 86ti pls

86ti wrote:And here the same story from the daughter's perspective...

86ti · Post by **86ti** » Fri Dec 10, 2010 7:39 pm

mcovet wrote:I know the daughter has left the country, however, as you probably know, there are certain regulations allowing the OP to retain the right of residence, in case of departure of the EEA national from the Member State!

There are none because the family member is a non-EEA national. That was the outcome of the other thread.

nadouya · Post by **nadouya** » Sun Dec 12, 2010 9:02 am

Thank you for your answers.

I think I have to prepare my bags, then.

86ti · Post by **86ti** » Sun Dec 12, 2010 9:05 am

You may still want to consult a competent lawyer to have your situation properly assessed.

Post by **Obie** » Sun Dec 12, 2010 11:32 am

You might well qualify to apply for a long time lawful residence (10 years) or 14 years continuous residence, depending on your circumstance. Perhaps you might even qualify under Article 8, that too is dependent on your circumstance. I am however doubtful of the EEA route, or perhaps you might have a case that a judge might be compelled to send to the CJEC or ECJ on why some family members can retain rights of residence and some cannot. Is that not amount to discrimination? you never know.

It is worth consulting a legal expert, who will examine your circumstance thoroughly as 86ti suggested.

Best wishes for the future.

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EEA 2 and work for 5 years in the UK

EEA 2 and work for 5 years in the UK

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Re: EEA 2 and work for 5 years in the UK