EEA NATIONAL AND 3 MONTHS TREATY EXEMPTED PERIOD

Hi guys,
Hope everyone should be fine. Another topic to discuss is that does the 3 months period during that eea national is exempted from excercising treaty rights reset on its each time visit/entrance to uk or its only be granted one time in life.

It doesn't reset on every entry.

It's once per a residence period. If you leave the UK for over six months (and break your residency period) and move back, it would start again (together with the count for the 5 years).

Many thanks

Jambo wrote:It doesn't reset on every entry.

It's once per a residence period. If you leave the UK for over six months (and break your residency period) and move back, it would start again (together with the count for the 5 years).

Jambo do you have an authority for saying it does not reset on every entry?

el patron wrote:Jambo do you have an authority for saying it does not reset on every entry?

Other than what Regulation 13 states? No.

Are you saying that if I take the ferry to France/cross the border to Ireland every 3 months, then I will obtain PR after 5 years without the need to exercise treaty rights?

Jambo wrote:

el patron wrote:Jambo do you have an authority for saying it does not reset on every entry?

Other than what Regulation 13 states? No.

Are you saying that if I take the ferry to France/cross the border to Ireland every 3 months, then I will obtain PR after 5 years without the need to exercise treaty rights?

No I'm not saying that Jambo, though that is another interesting permutation! By virtue of residing legally under the directive (3 months at a time for 5 years in total) it could be argued that PR could be obtained as a result! The implementing regulations of course specify residence as a 'qualified person' but the directive only specifies 'residing legally'.

I've previously obtained counsel's advices on the the resetting of the 3 month time limit upon each re-entry to the UK and counsel opinioned that the clock was indeed reset at each re-entry.

I guess the question here is what is the implication of the "reset". As you can be self-sufficient, the main implication in the UK could be the requirements to have CSI. For other member states, this could mean that you don't need to register with the authorities.

I would think (and this is my own view. The directive is not clear on this) that if you visit another country, then the 3 months reset on each visit but if you move to a country and want to qualify for PR, then you can only have one period of 3 months.

Any special reason you were seeking advice on this issue?


BTW - The regulation for PR state "in accordance with these Regulations", they don't require you to be qualified person although "in accordance" can be open to interpretations.

Although in UKBA website I have not found anywhere about the reset of 3 months of free period of excercising eu treaty for EEA national but the answer given earlier by Mr. Jambo is really logical. Because if this 3 months period reset on the each entry of EEA national then it will be more easier for EEA national to especially support its non-eea partner to obtain EEA2 and EEA4 by demonstrating relatively little evidences.

Jambo wrote:I would think (and this is my own view. The directive is not clear on this) that if you visit another country, then the 3 months reset on each visit but if you move to a country and want to qualify for PR, then you can only have one period of 3 months.

I agree with this, especially if the goal is to have PR.

Directive 2004/38/EC says:

Article 16 - General rule for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

This can be read in different ways. One way of reading it is that if I intend that my absence is of a temporary nature, then it will not reset.

A related interesting issue is when the non-EU spouse is refused a RC because UKBA claims the EU spouse is present in the UK but not a qualified person. Since they are not "resident", all the EU citizen needs to do in this case is make a short day-trip flight/drive to another EU member state to reset the clock and begin their 3 month period of initial residence.

Thanks for replies. But what i guess and based on this law that eea national does not loose its residence for 6 months absence it looks like that this 3 months treaty free period applies when eea national break its residence (6+ months absence) and re-enter each time after breaking its residence continuity.

sheraz7 wrote:Thanks for replies. But what i guess and based on this law that eea national does not loose its residence for 6 months absence it looks like that this 3 months treaty free period applies when eea national break its residence (6+ months absence) and re-enter each time after breaking its residence continuity.

I am not sure what you mean.

Please also provide details of what you are trying to achieve. Then it is a lot easier to suggest options.

Just on generic basis I am discussing as it relates to vast number of board members and it is really tricky to some extents due to being explained in vague manner. Anyways thanks for your contribution.