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Is continuity of residence discrubted with custody?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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7376
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Joined: Sat Jun 23, 2018 4:42 pm
Czech Republic

Is continuity of residence discrubted with custody?

Post by 7376 » Mon Sep 17, 2018 6:47 pm

Dear all,

I am wondering if you know whether a continuity of 5 years for PR for NON EU family member is disrupted with a 3 months custody from which 1.5 months was served on a licence?

I arrived in 2013 January on a family permit, received a residence card in May and applied for PR in May 2018.
The link: http://www.eearegulations.co.uk/Regs20… ... ulation_03 where it says so. I wonder whether such a short time stops the five years then?
And this link says 2016 would not it be a subject to rules before 2016 if arrived in 2013?
Thank you for your advise.

Betta

secret.simon
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Re: Is continuity of residence discrubted with custody?

Post by secret.simon » Mon Sep 17, 2018 6:52 pm

7376 wrote:
Mon Sep 17, 2018 6:47 pm
I am wondering if you know whether a continuity of 5 years for PR for NON EU family member is disrupted with a 3 months custody from which 1.5 months was served on a licence?
Yes.
Regulation 3 of the EEA Regulations 2016 wrote:(3) Continuity of residence is broken when—
(a) a person serves a sentence of imprisonment;
The 2016 Regulations would apply to any PR Card application made after it came into force.

However, given that Directive 2004/38/EC does not make any provision for breakage of continuity of residence in the case of imprisonment, I think there would be grounds for appealing a refusal.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

7376
Newly Registered
Posts: 3
Joined: Sat Jun 23, 2018 4:42 pm
Czech Republic

Re: Is continuity of residence discrubted with custody?

Post by 7376 » Mon Sep 17, 2018 7:34 pm

secret.simon @secret.simon
Dear Simon,

I appreciate your quick reply.
I have received an email from the home office stating that based on this directive the continuity has been broken and that they can offer me another residence card. And that I should reply whether I am happy with it.

So I thought I would say yes but the person from the Home office seems to be quite nice so do you think that the link you provided would make a difference or should I accent the residence card?

Many many thanks,

Petra

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