NEED MORE CLARIFICATION

[JAMES2000]

Good to be back again. I need some clarification and will be happy if anyone can advise me on way forward.
I have been living separately with my wife for over 2 years now and we have settled our dispute with the help of family and friends, and about to be living together, will this not affect my children permanent residency?

When precisely can l apply for my children permanent residency as they were granted residence permit in May 2017 until May 2022 but entered the UK in October 2015 through Calie border post. Do l need to count from October 2015 or wait till 2022 before they apply?
Thanks

[JAMES2000]

Please can someone help with a meaningful advice. Thanks

[Richard W]

Good to be back again. I need some clarification and will be happy if anyone can advise me on way forward.
I have been living separately with my wife for over 2 years now and we have settled our dispute with the help of family and friends, and about to be living together, will this not affect my children permanent residency?

As you are both British citizens, this will have no effect on their rights of residence - except that it may enhance their rights if your wife is also an EEA citizen and a qualified person or has EEA permanent residence.

When precisely can l apply for my children permanent residency as they were granted residence permit in May 2017 until May 2022 but entered the UK in October 2015 through Calie border post. Do l need to count from October 2015 or wait till 2022 before they apply?

As they are (or were) your direct family members, and winning your appeal declared that you benefited from the Surinder Singh judgement as reflected in the regulations, their PR clock started on entry. Note, however, that under the EEA Regulations it will have been reset (if not smashed completely) if you ceased to be as a qualified person. (It is by no means certain that the EEA Regulations are the law of the land in this matter.)

[Richard W]

Do be alarmed though; as your working in France was so as to benefit from Surinder Singh, note that according to the EEA Regulations 2016, your non-British children have no right to reside in the UK, notwithstanding their residence cards - Regulation 4(a). I don't believe this part of the regulations is actually part of the law of England, but it will need a court to confirm that it isn't. I remember a corresponding part of the Immigration Directorate's Instructions being declared invalid by the courts.

Keep evidence of your former estrangement from your wife; it is conceivable that the Home Office will claim that it was faked so as to demonstrate that the centre of your life was in France.

[Richard W]

I am also worried as to how your children will retain their EEA right of residence as they reach the age of 21 without having acquired permanent residence. If they become mere extended family members, under the EEA Regulations 2016 they cease to benefit from Surinder Singh despite the possession of residence cards.

[JAMES2000]

Thank you Richard for your quick response.
As l can understanding there is no problem if we eventually reconciled and continue living together but l am not clear about what you mean the clock will be reset if l ceased to be a qualified person when l want to apply for their PR?

[Richard W]

Thank you Richard for your quick response.
As l can understanding there is no problem if we eventually reconciled and continue living together but l am not clear about what you mean the clock will be reset if l ceased to be a qualified person when l want to apply for their PR?

If you were a Dutchman, your children's PR would depend on your being a qualified person or a permanent resident in the UK for five years. The Eind judgement said that for Surinder Singh in the Netherlands, being a Dutch citizen was equivalent to being a permanent resident. The EEA Regulations 2016 say that, instead, you are mostly treated as a Dutchman who has just arrived in the UK. There are a few exceptions, such as not requiring CSI in order to be counted as self-sufficient.

[JAMES2000]

Thanks again Richard W. I am a British citizen and have been working since l arrived UK l hope that will not have any effect on me.

My other question is if my children are over the age of 21 but still in school or college and depending on me any chance of getting their PR through me?

[Richard W]

My other question is if my children are over the age of 21 but still in school or college and depending on me any chance of getting their PR through me?

Some chance; how much I am not sure. I can envisage an argument over the size of the student loan entitlement, but I have no information.

[JAMES2000]

I was reading an Home Office publication of November 2017 which indicates that the residence card will be invalid come 31 December 2020 does that mean those having their permit still valid after that date like 2022 will not be able to apply for PR?

What if the 5 year's residence period is not completed by March 2019 or December 31 2020 what will happen next?

I am confused!

[JAMES2000]

Hi Richard W, please advise me on this last question l posted about the faith for those who have RC and not yet completed the 5 years resident requirement by December 2020.
What step are in place.
Thanks

[Richard W]

What if the 5 year's residence period is not completed by March 2019 or December 31 2020 what will happen next?

Regulation 9(4)(a) is the problem. But for that, they could, if dependence continues, successfully apply for settled status in October 2020.

Now, as Regulation 9(4)(a) is invalid in EU law, they could apply for permanent residence in October 2020. If they are issued their PRCs in 2020, they can then immediately apply for Settled Status as EU citizens or their family members (sic!) as they will satisfy Immigration Rule EU11 Condition 1. However, if they are not issued PRCs in 2020, I fear they will never be issued PRCs, for the UK will have no business issuing PRCs after 2020.

Then, when they attempt to apply for Settled Status under Immigration Rule EU12 Condition 1, they may be refused for not satisfying EEA Regulation 9(4)(a). Surinder Singh is not covered by the draft exit agreement, and therefore the fact that EEA Regulation 9(4)(a) is contrary to EU law is irrelevant. Your best hope is that EEA Regulation 9(4)(a) is repealed, but as it is mentioned explicitly in the immigration rules planned to come into force on 28 August 2018 in the Liverpool area for a mains pipe cleaning exercise, it could just migrate from the EEA Regulations to the Immigration Rules.

Thus, I fear their cases could be instances of "Justice delayed is justice denied".