Excersising treaty rights interrupted

[Zamy301]

Hello,

My husband is an EU citizen living in the UK since 1999. He was slef sufficient from 1999-2002; then student from 2002- 2005; then in employment from 2005 till 2013. We got married in the UK in November 2011 and I obtained my residency card. My husband didn't apply for eaa3. In 2013 he fell ill and lost his job. He is under treatment now and we qualified for housing benefits and child tax credit. Is that considered an intruption in excersize treaty rights? And will that affect my chances to obtain PR?

I will have to submit an eaa2 again next year as passport is expiring and need the RC in my new document. Should I attach his medical report etc. All advice is welcomed and many thanks in advance.

[Jambo]

PR status is obtained automatically after exercising treaty rights for 5 continuous years and is independant from your status. So it seems your partner obtained PR in 2010 after working for 5 continuous years and can apply now for PR conformation using form EEA3 if they wish.

There is no need to apply for another RC if the passport expires. The RC is valid until its expiry date. Just carry both passports (old and new) when travelling.

[Zamy301]

Many thanks Jambo! Much appreciated. I was told that if the stamp wasn't on my new passport and I won't be able to work. Is that true?

Also I am still not clear if I will have issues when I submit eaa4 to obtain PR later or not because of his employment intruption.

[fatimahh]

As explained by Jambo your hubby is eligible for PR since 2010, so for good order sake you can apply for is PR with work document covering 2005-2010 on form EEA3, Then when the time comes for your PR provide is PR card with your own docs. Also no it is not true that you cannot work if sticker not in your current passport, as long as it is valid there is no problem being in old or new passport, just carry both passport with you. Do not listen to rumors read the ukba website: http://www.findlaw.co.uk/law/immigratio ... 30433.html

[u][b]You do not need to transfer your visa or residence permit to your new passport.If you choose not to transfer your permit, you should carry both your old and new passports when you travel to the UK - this will prove to our immigration officers that you have the right to be in the UK. If you cannot produce your visa or residence permit when you arrive at our border, you may not be allowed to enter the country.[/b][/u]