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Initial right of residence lost after living more than 3 mth

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

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toabetterchange
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Location: UK

Initial right of residence lost after living more than 3 mth

Post by toabetterchange » Sun Jul 17, 2011 9:34 am

Hi friends,

I am non EEA national partner of an EEA national wanting to migrate to the UK (we are outside UK), My EEA national partner has lived in the UK for 1 year before he was working, when checking the things to have for application for the family permit they say that if the EEA national has lived for more than 3 months he/she must show evidence that is a qualified person... my question is , doesnt he/she have the initial right of three months of residence again? or how to show that is a qualified person? looking for a job can be the only option but we need to be there, it is hard to apply for one on the internet.


Please any help is very appreciated,

Regards
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Jambo
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Post by Jambo » Sun Jul 17, 2011 11:03 am

How long has your partner been outside the UK?

If he has moved out of the UK and is not a resident there any more, then the clock resets and he has the 3 months initial rights again.
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toabetterchange
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Location: UK

Post by toabetterchange » Sun Jul 17, 2011 11:07 am

Jambo wrote:How long has your partner been outside the UK?

If he has moved out of the UK and is not a resident there any more, then the clock resets and he has the 3 months initial rights again.
he moved more than 4 years...

thanks for answering.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Jul 22, 2011 3:23 pm

What citizenship does your EEA partner have? Are you married?

If they left the UK and did not maintain a home there, then the clock resets and they have an initial period of 3m of residence when they do not have to (but can) be working
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toabetterchange
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Location: UK

Post by toabetterchange » Fri Jul 22, 2011 11:44 pm

Directive/2004/38/EC wrote:What citizenship does your EEA partner have? Are you married?

If they left the UK and did not maintain a home there, then the clock resets and they have an initial period of 3m of residence when they do not have to (but can) be working
My EEA partner is Polish and we are in a registered realtionship... Why?
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 23, 2011 12:28 am

I am always curious about the EU citizenship. And sometimes people think that their UK citizen spouse can bring them to the UK under EU rules.

Also the word "partner" is used in many ways and is not one of the officially recognized relationships under EU law. Have you checked that your specific type of partnership is recognized by the UK?
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toabetterchange
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Post by toabetterchange » Sat Jul 23, 2011 1:09 am

Directive/2004/38/EC wrote:I am always curious about the EU citizenship. And sometimes people think that their UK citizen spouse can bring them to the UK under EU rules.

Also the word "partner" is used in many ways and is not one of the officially recognized relationships under EU law. Have you checked that your specific type of partnership is recognized by the UK?
Yes you are right.

I did ask via email about the recognition of my registered partnership and thats what they said...

Thank you for your email.

As per this link http://www.ukba.homeoffice.gov.uk/partn ... lpartners/ you must be able to show a registered civil partnership.

So if you are going to apply for visas, you must be able to show a valid civil partnership certificate.

Regards

So I dont know if he answered my question :roll:
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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sat Jul 23, 2011 12:38 pm

That link is about entering under (complicated expensive) UK law. But in general the relationships that they recognize for UK law are also the relationships they recognize for EU law entry to the UK.
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el patron
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Re:

Post by el patron » Mon May 19, 2014 12:22 pm

Directive/2004/38/EC wrote:What citizenship does your EEA partner have? Are you married?

If they left the UK and did not maintain a home there, then the clock resets and they have an initial period of 3m of residence when they do not have to (but can) be working
Clock resets regardless of whether a home has been maintained in the UK etc., clock resetting relies upon admission only. Only snag would be the January amendments where repeated 'clock resetting' could be deemed as an abuse of rights, even then the burden of proof is upon the Home Office and they have been given the power under the amendment to request attendance at interview to discuss!
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