Well, under the UK national rules, she will need to wait 5 years to qualify for a Permanent residence, nevermind the maintenance and accommodation requirements she will need to satisfy to obtain an entry clearance, as well as the ridiculous fees. The clock will essentially restart again.
Under the EU rules, she currently holds a Residence card, and i am sure she has already accrued enough time that will ultimately go towards the qualifying requirement for permanent residence card.
Under the EU regulation, it is questionable, in light of the CJEU judgement in rahman, whether the UK can insist on these people showing continued dependancy or membership of the household in order to qualify for Permanent Residence, when that does not seem to be the requirement for Residence card. In light of that judgement, i wonder if regulation 8(2C) will be lawful.
[b] Rahman[/b] wrote:34 In the main proceedings, it is for the national tribunal to establish, on the basis of the guidance as to interpretation provided above, whether the respondents in the main proceedings
were dependants of the Union citizen, in this instance Mrs Rahman , in the country from which they have come, Bangladesh, at the time when they applied to join her in the United Kingdom. It is only if they can prove that dependence in the country from which they have come, in accordance with Article 10(2) of Directive 2004/38, that the host Member State will have to facilitate their entry and residence in accordance with Article 3(2) of that directive, as interpreted in paragraphs 22 to 25 of the present judgment.
[b] Rahman[/b] wrote:45 The answer to the sixth question therefore is that the question whether issue of the residence card referred to in Article 10 of Directive 2004/38 may be conditional on the requirement that the situation of dependence for the purposes of Article 3(2)(a) of that directive has endured in the host Member State does not fall within the scope of the directive.
