ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EEA(PR): is it possible to combine different treaty rights?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
robertw
Newly Registered
Posts: 16
Joined: Thu Apr 07, 2011 8:08 pm
Location: United Kingdom

EEA(PR): is it possible to combine different treaty rights?

Post by robertw » Sun May 10, 2015 10:30 am

Hi All,

Here is my situation:

I am an EEA citizen (A8 country), I came here in July 2005.
I got married to an EEA citizen (also from an A8 country) in December 2006.
I worked until Sept 2007.
In October 2007 I started studies (but had no CSI insurance), and in March 2008 I gave birth to my first daughter. Then from 2009 I worked again until 2012, when I gave birth to my second daughter, and I have stayed at home until now, looking after my second daughter.

Given the above, can I apply for permanent residence EEA(PR), given that:

From July 2005 to September 2007 I exercised treaty rights as a worker.
From December 2006 until now I have been married to an EEA citizen (who has always worked here), so that means I have been exercising treaty rights as a family member?

If my thinking is correct, I think that I acquired permanent residence status in July 2011, am I right? (12 month WRS period for A8 countries + 5 years continuous residence).
If so, do I indicate on the EEA(PR) form that I m applying BOTH as a worker and as a family member? The form seems to be designed to only apply via one of the routes and not both simultaneously?

Any advice would be appreciated.

Thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Re: EEA(PR): is it possible to combine different treaty righ

Post by vinny » Sun May 10, 2015 10:46 am

I agree. I believe from 15(1)(a), a combination is possible. If you were a family member of a qualified EEA national, then you didn't need to exercise treaty rights yourself too.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

LilyLalilu
Senior Member
Posts: 698
Joined: Mon May 05, 2014 9:44 am

Re: EEA(PR): is it possible to combine different treaty righ

Post by LilyLalilu » Sun May 10, 2015 4:50 pm

Yes, probably easiest to just apply for PR as a family member and supply proof that your EEA spouse worked here for 5 continous years between 2006 and now.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

Locked