After EEA2

[kate8118]

Hi all,

This website has been really helpful. I appreciate all the comments so far.
I have some questions regarding my rights after obtaining EEA2.

1. I wonder whether there are any requirements to retain the right of EEA2 residence e.g. how long is a period of temporary absence etc.
I read in the website about British citizenship that the period of absence should not be more than 90 days per year. Does this rule apply to an EEA2 holder who consider to apply for permanent residence (EEA4) later on as well?

2. Also if my EEA partners want to apply for EEA3 later on, will the 5 year-period requirement start counting from our first arrival in UK or just after he got his EEA1?

Thank you very much in advance.

Warm Regards,
Kate

[kate8118]

would appreciate for any inputs as I will need to travel abroad soon.

Thank you

[Docterror]

Give us some time to get back to the questions. Using your own numbering to answer-

1. Temporary absences are considered to be any time less than 6 months in a given year according to the EEA regulations. But you are allowed to take abscences of greater than 6 months in case of emergencies like pregnancy or army duties etc. But you will have to prove ties to the UK during this time and the EEA family member must be exercising the treaty right over here.
2. Your EEA partner's clock towards the (EEA3)Permanent Residence doesnot start ticking from the time he entered the UK nor from the time the (EEA1) Registration certificate is issued, but from the time he start to exercise the treaty rights. So he would be able to confirm his PR status using the EEA3 after spending 5 years as a worker.. or any other form of exercising the rights.
Hope that helps.

[kate8118]

Dear Jabi,

Thank you so much for your prompt reply. We came to UK since August 2004, after which I started my study right away. My EEA partner was looking for job at that time and started his employment in April 2005.
If my understanding is correct, then he should be able to apply for EEA3 in 2010.

Just a few more questions I would like to assure. Can I get EEA4 before him then since I start my studying in Aug 2004? If we are considering to apply for BC later on, then I should be obliged by stricter rule of not exceeding period of temporary absence for 90 days.


All the best,
Kate

[Docterror]

Yes. Your EEA partner should be able to apply for the confirmation of his Permanent Residence (PR) with the EEA3 April '10. From August '04 to April '05 he/she is only considered to be a jobseeker, which is not exactly a treaty right.

The question about applying for PR before your EEA partner is a tricky one. I will try and answer as per as my understanding, but anyone is free to comment otherwise. You can apply with the EEA4 after 5 years of exercising treaty rights only when you retain your right of residence, for example through divorce of marriage/dissolution of CP after it subsisting for atleast 3 years. In such a case you will be able to apply for the PR in August 2009. But if you are still married, then there is chance that they will ask for evidence of treaty rights being exercised by your EEA national from between August '04- April '05 and so it would be safer to apply along with your partner in April '10.

[Rozen]

Actually Docterror, a jobseeker IS a Treaty right! Look up IDIs Chapter 7 Section 3 on EEA Nationals & Family.

[b]"A qualified person is an EEA national exercising a Treaty rights(s) (so called because the designated activities are set out in the EC Treaty) and is defined in Regulation 6 of the EEA Regulations as follows:

a. a jobseeker
b. a worker
c. a self-employed person
d. a self-sufficient person; or
e. a student

[Docterror]

I don't know. Maybe it can be considered a treaty right. But for me it's a grey area because-

1. I don't know whether the "jobseeker" provision is for the initial right of residence for the 3 months or whether it is applicable after that as well. If it can be applicable as a treaty right after the 3 months as well, I would be obliged if someone was to point out which part of the Directive makes it possible.

2. I don't know how to prove that you have been a jobseeker for the period.

3. Is it then possible to get PR after 5 years of job-seeking?

Would love any kind of answers to this.. however crazy as it may seem!

[kate8118]

Hi,

Thank you so much for all the comments. I think there are quite a few grey areas for PR application. I'm not so sure whether my case (unmarried partner) is treated the same way as spouse or CP as you said

[quote]"[/quote] You can apply with the EEA4 after 5 years of exercising treaty rights only when you retain your right of residence, for example through divorce of marriage/dissolution of CP after it subsisting for atleast 3 years. In such a case you will be able to apply for the PR in August 2009. [quote]

Do you agree that if someone wants to apply for BC, then they must obey stricter rule (max 90 days per year) despite the fact that EEA2 allows them to leave the country for not more than 6 months per year?

Have a lovely day! [/quote]