EEA4 after sponsor have left the UK

[nadouya]

Hello,
I am french, and used to live in the UK. My dad came from a non EU Country, and he got the EEA2 in 2007n expiring Dec 2012.
Since 2007 he has worked continuously, but I went back to France, with my husband and baby.
Is he eligible for Applying for EEA4, in 2012?
If not, if I come back to the UK and exerce treaty right (as a worker or student), will he be eligible?
Thanks very much.

[SunBlue]

If he is your dependent and you left the country, he won't be able to apply for EEA4 then.

[John]

nadouya, you need to download the the EU Directive and having done so have a read of Article 12.1, and then Article 7.1.

Accordingly it appears that your father's Residence Card remains valid, and there is a path to Permanent Residence.

[mcovet]

isn't it a bit tricky to rely on 12.1? it refers to the retention of residence in case of divorce etc. The fact that the daughter simply "left" does not fall under this heading.

The only solution I see is that, since the daughter can leave the UK for up to 6 months per year without breaking the residence requirement, literally the father would not lose his right of residence during that period. However, that is if while away the daughter satisfied the requirement of exercising treaty rights and apart from being self-sufficient and with comprehensive sickness insurance, I don't see how that is possible.

But, unlike me the UKBA is not that picky and may not pay attention to the second requirement during the absence of 6 months.

So, how long have you been away now? If longer than 6 months your dad is in trouble.

nadouya, you need to download the the EU Directive and having done so have a read of Article 12.1, and then Article 7.1.

Accordingly it appears that your father's Residence Card remains valid, and there is a path to Permanent Residence.

[John]

I think you have been reading Article 13, not Article 12 ....Article 12 is headed :-

Retention of the right of residence by family members in the event of death or departure of the Union citizen

[mcovet]

My bad, sorry. What about married parties where one departs from uk? Is this a convenient circumvention of Art 13? Also, Art 12 is ambiguous as to reqs for departure and only mentions reqs for death- 1 year residence...
What does one need to retain resid under 12.1?

I think you have been reading Article 13, not Article 12 ....Article 12 is headed :-

Retention of the right of residence by family members in the event of death or departure of the Union citizen

[Obie]

Article 12(1), speaks in general terms, I believe it is paragraph 2 and 3 that sets the circumstances in which people can retain their rights of residence in the event of death or departure of the Union Citizen.

I believe the drafter could have done a better job of making paragraph 1 less vague, and open to various interpretation.

I don't believe UKBA, will accept application on the basis of Paragraph 1 without the specific conditions of Paragraph 2 and 3 being met.

[John]

Obie, OK, I don't say you are wrong, but that is terrible drafting!

Hopefully a case will come along that will clarify the matter, namely, is Article 12.1 stand-alone?

[John]

I have found a document which seems to suggest that Article 12(1) is indeed stand-alone. Here is the link :-

http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf

-: which you will see is a PDF on the ec.europa.eu website.

[nadouya]

Thanks everyone for answering my question.
Yes I have been away from 2 years now.
Maybe he will be able to apply for permanent residence by another way?

[Obie]

I have managed to go through the link you posted, and it appears you are perfectly right, article 12 (1) provides a standalone right, but like i thought this right seem to be applicable to EEA national.

Non EEA Nationals cannot benefit from it, except they meet the criteria listed in paragraph 2 or 3.

This seem to make more sense , for the simple fact that there will be no need for paragraph 2 and 3 and even article 13, if paragragraph 1 of article 12 has a general applicability