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

Is Permanent Resident not a "Qualified Person"?

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
giardaella
BANNED
Posts: 42
Joined: Sat Jul 24, 2010 1:09 pm

Is Permanent Resident not a "Qualified Person"?

Post by giardaella » Sat Jul 24, 2010 3:04 pm

Just a quick question I couldn't find an answer to.

In the Regulations, a "Qualified Person" does not include a Permanent Resident, only workers, self-employed etc. which makes sense as it seems self-explanatory, HOWEVER...

Under Reg.10(5)(a), if a family member wants to retain residence, the Permanent Residence of the EEA national is of no use, as at the time of the divorce one of the conditions is that EEA national must have been a qualified person?!

(5) A person satisfies the conditions in this paragraph if—

(a) he ceased to be a family member of a qualified person on the termination of the marriage or civil partnership of the qualified person;


This should have been worded differently- "residing in accordance with the regulations". Otherwise, the EEA national who had acquired Permanent Residence would still have to be a qualified person years after acquiring PR??? and the non-EEA would need to prove the same, rather than simply supplying a copy of the EEA's Document certifying PR?

Any ideas? especially from those who are in the process of retaining their rights?

Locked