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Can you accumulate treaty rights?

Posted: Sun Aug 02, 2015 8:34 pm
by adnan01
hi there,

UK residence card obtained 2012 sept Expiry sept 2017
Moved to Ireland for job/ career breakthrough with my EU family in January 2013 and after different hurdles got stamp 4 EU fam in June 2014 but can confirm stay from January 2013 so I think around January 2018 I can apply for PR/ naturalisation? My wife have had sickness insurance always and since January 2014 she has been working so confirming her status won't be problem.

As my career progresses my employer may ask me to go back to the UK. Of Course I need progression to have more money for my spouse and daughter but do I lose all this time spent here in Ireland for PR/ naturalisation and moving back to the UK means start from scratch again to complete 5 years for permanent residency? Or is there any other way or any suggestions please!

Regards,

Adnan

Re: Can you accumulate treaty rights?

Posted: Mon Aug 03, 2015 12:05 pm
by secret.simon
To the best of my knowledge, you can not aggregate years in different countries in different EEA countries to achieve PR in the EEA country where you happen to be at the completion of five years.

I believe (I could be wrong) that some countries (Germany and Belgium spring to mind) allow a certain number of months to be used as credit if you have spent some time in other EEA countries. But that is a national decision and not something that the EU mandates.

To the best of my knowledge, the UK would not allow you to credit your time in Ireland towards PR in the UK.

You could of course complete five years in Ireland and gain PR there. However, I am not aware of the requirements for Irish citizenship, which is , of course, a national competency, not an EU one.

Re: Can you accumulate treaty rights?

Posted: Mon Aug 17, 2015 12:20 pm
by DanChak
secret.simon wrote:To the best of my knowledge, you can not aggregate years in different countries in different EEA countries to achieve PR in the EEA country where you happen to be at the completion of five years.

I believe (I could be wrong) that some countries (Germany and Belgium spring to mind) allow a certain number of months to be used as credit if you have spent some time in other EEA countries. But that is a national decision and not something that the EU mandates.

To the best of my knowledge, the UK would not allow you to credit your time in Ireland towards PR in the UK.

You could of course complete five years in Ireland and gain PR there. However, I am not aware of the requirements for Irish citizenship, which is , of course, a national competency, not an EU one.
Can you please post the link for Belgium or Germany that allows time spent in other EEA countries to be used for a PR application.

Re: Can you accumulate treaty rights?

Posted: Sat Aug 22, 2015 5:11 pm
by seekingadvice87
Hello Adnan01,

I wanted to ask whether your UK Residence card was officially cancelled when you applied for your Stamp 4 EU Fam?

Does this mean you currently hold two Article 10 Residence cards under EU law for both Ireland and the UK? Sorry I'm just amazed at this and don't think it's possible.

Kindly reply, thanks!