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AHHHH!! So, I WAS confused... sorry I don't have much info to help in this regard then, but, as you mentioned, you didn't apply for any EEA permits, which might go against you?info_need wrote:Hi Sakura,
Just to clarify I have been a swiss citizen during this entire period. In 2006 I renewed my Swiss Passport as that had lapsed. I think that even though an EEA citizen for the whole period there is a concern that I was resident under British Law and not European Law... Do you have any idea on this?
If not can you recommend the best place for me to get confirmation on this issue?
Many Thanks,
Info_need
So as the marriage has not yet ended the person is still a family member, and thus can live and work in the UK(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;
A yes/no situation ..... and the answer is going to be "yes" when the marriage does end(b) he was residing in the United Kingdom in accordance with these Regulations at the date of the termination;
See below.(c) he satisfies the condition in paragraph (6); and
It is (i) that is relevant here. Given that there is no reference to immigration status during the three year, or one year period, I think this is merely a yes/no situation .... and the answer here will be "yes"!(d) either—
(i) prior to the initiation of the proceedings for the termination of the marriage or the civil partnership the marriage or civil partnership had lasted for at least three years and the parties to the marriage or civil partnership had resided in the United Kingdom for at least one year during its duration;
(ii) the former spouse or civil partner of the qualified person has custody of a child of the qualified person;
(iii) the former spouse or civil partner of the qualified person has the right of access to a child of the qualified person under the age of 18 and a court has ordered that such access must take place in the United Kingdom; or
(iv) the continued right of residence in the United Kingdom of the person is warranted by particularly difficult circumstances, such as he or another family member having been a victim of domestic violence while the marriage or civil partnership was subsisting.
This will be true if the person is employed .... a worker!(6) The condition in this paragraph is that the person—
(a) is not an EEA national but would, if he were an EEA national, be a worker, a self-employed person or a self-sufficient person under regulation 6; or
(b) is the family member of a person who falls within paragraph (a).
The fact that you don't have to be issued with a Residence Document under the EEA rules to avail the PR can be deduced by a careful look at the requirements for the eligibility of PR. All the EU laws says that the person has to do is exercise a treaty right for 5 years and the PR is granted... no question of immigration status.John,
I understand your point, but one thing still eludes me: they did not apply under EEA regulations, and his wife does not have an EEA permit or anything, and has been here on a UK-specific visa...so is there any regulation that allows people to apply under EEA regulations despite not having the EEA permit/taking that specific rule?
Sorry, I did read your post, but didn't seem to find notes related to my question.