How can British Citizen exercise treaty rights in UK?

Due to more research I have found that the 5 years start from date of entry.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF

Article 16.2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

According to Case 291/05 Eind, in own country, spouse would have an EU right of residence even if not economically active. Spouse would be regarded as "permanent residence" purely on the basis of length of stay.

And Article 19.1. Upon application Member States shall issue Union citizens entitled to permanent residence, after having verified duration of residence, with a document certifying permanent residence.

Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly
enforced against the person concerned.

So just need to verify duration of residence - I suppose by proof of address?

I am a non eu who is married to an EU and we both live in czech. I just completed my degree and would like to move to UK to work and do my masters as i would like to earn my masters in an English country. I understand that if i want to be able to work in the UK, my wife should be exercising her EU right by working, or seeking employment. I have a problem here as my wife is pregnant. she still earns money here in czech due to the fact that she was working before she got pregnant. so now she stopped working and still get paid monthly.she plans to work in the UK after she delivers since we both would be living in the UK. We dont know how to go about this.. or would i be given a residence if my wife delivers in the UK, being the Dad of an EU?

chocoguy wrote:I am a non eu who is married to an EU and we both live in czech. I just completed my degree and would like to move to UK to work and do my masters as i would like to earn my masters in an English country. I understand that if i want to be able to work in the UK, my wife should be exercising her EU right by working, or seeking employment. I have a problem here as my wife is pregnant. she still earns money here in czech due to the fact that she was working before she got pregnant. so now she stopped working and still get paid monthly.she plans to work in the UK after she delivers since we both would be living in the UK. We dont know how to go about this.. or would i be given a residence if my wife delivers in the UK, being the Dad of an EU?

What nationality is your wife?

As an EU national, your wife and her spouse can go to any EU country to visit or to seek work but you must have enough funds to support yourselves and would she still receive the salary in Czech, if she leaves?

englishman9 wrote:As an EU national, your wife and her spouse can go to any EU country to visit or to seek work but you must have enough funds to support yourselves and would she still receive the salary in Czech, if she leaves?

For the first three months there is NO requirement for any money or job or anything. NO requirements. Just to be clear

daddy wrote:I was refering to fysicus reply to the poster, your answer was good, i supported it, ven the Ukb did not require British citizens that returned home after excercising treaty right economically in another eu state to continue doing so in uk, hope am clearer now.

Can you please throw some more light on this ? How long uk national has to exercise treaty rights in member eu state to get his spouse a family permit and take him back to uk ?? Please little bit more light ! What will be his status on returning to uk after exercising treaty rights in eu state ? For how long migrant worker status will last ???

uaa1bee wrote:

daddy wrote:I was refering to fysicus reply to the poster, your answer was good, i supported it, ven the Ukb did not require British citizens that returned home after excercising treaty right economically in another eu state to continue doing so in uk, hope am clearer now.

Can you please throw some more light on this ? How long uk national has to exercise treaty rights in member eu state to get his spouse a family permit and take him back to uk ?? Please little bit more light ! What will be his status on returning to uk after exercising treaty rights in eu state ? For how long migrant worker status will last ???

please read the link given below as rules has been changed since January 2014 for singh route .

http://www.immigrationboards.com/eea-ro ... 52660.html

Dear All,

I have a brother in pakistan, can I excrrsie british treaty rights for him for his stay in ireland?

See also this thread.

Brothers do not count as family members in EU law, only as "extended family members", for whom rules are different.

@secret.simon - See these threads by the same user 'baziluk'. Appears to be two people posting from same account, ie both brothers

http://www.immigrationboards.com/indefi ... l#p1086257

http://www.immigrationboards.com/irelan ... l#p1207626