Post
by andyjohnst » Thu Feb 08, 2018 12:04 am
Something I've found Free Movement Rights: family
members of British citizens document from the home office. Particularly looking for clarification on this point:
Permanent residence
This section tells you how to assess an application from a family member of a British
citizen for a document confirming their right of permanent residence.
You must first consider if a person meets the requirements showing they are a family
member of a British citizen, in circumstances where the British citizen is treated as
though they were an EEA national. See: Assessing the application.
Continuous residence in the UK for 5 years
You must make sure the applicant, their British citizen sponsor and any family
members included in the application have been lawfully resident in the UK for a
continuous period of 5 years.
Family members of British citizens who are claiming a right of permanent residence
on the basis that the British citizen is a worker or self-employed person who has
ceased activity are not required to have completed 5 years’ residence in the UK.
For information on calculating the continuous residence period, see the assessing
continuous residence section of: European Economic Area nationals: qualified
persons.
See also Residence under the 2006 Regulations for guidance on whether residence
in the UK prior to 25 November 2016 was in accordance with the Immigration
(European Economic Area) Regulations 2006 (the 2006 regulations).
Residence under the 2006 Regulations
This section tells you how to consider whether residence in the UK prior to 25
November 2016 was in accordance with the Immigration (European Economic Area)
Regulations 2006 (the 2006 regulations). This may be relevant when considering an
application for residence documentation based on a retained right of residence or a
right of permanent residence.
Assessing whether the British citizen was a qualified
person in the UK before 25 November 2016
When assessing whether the British citizen sponsor has been a worker, self-
employed person, self-sufficient person, student or jobseeker in the UK, or a
combination of that, you must consider the necessary adjustments to the usual
conditions for being a qualified person. This is to take account of the fact that it is a
British citizen (rather than an EEA national) who needs to satisfy those conditions.
These are explained in Stage 1: Assessing whether the British citizen is a qualified
person.
Residence cards issued to family members of British citizens
If a residence card was issued before 25 November 2016, you must accept that the
British citizen was a qualified person during any time spent in the UK, while the
document was valid (up to 25 November 2016.)
Where they are also relying on residence after 25 November 2016, you must ensure
that both of the following points apply:
• the applicant has provided evidence showing the British citizen has been the
equivalent of a qualified person in the UK since 25 November 2016
• non-British citizen family members have held comprehensive sickness
insurance (CSI) during any period(s) since 25 November 2016 in which the
British citizen is or was a self-sufficient person or student in the UK
Where a family member has never been issued with any EEA documentation, or
where they have only been issued with a family permit before they came to the UK,
you must ensure that both the following points apply:
• the applicant has provided evidence showing the British citizen has been the
equivalent of a qualified person in the UK for any period in which they are or
were seeking to sponsor a family member’s residence in the UK under
regulation 9
• non-British citizen family members have held CSI during any periods in which
the British citizen is or was a self-sufficient person or student in the UK
You do not need to see any evidence that the British citizen was the equivalent of a
qualified person for any residence in the UK before the Free Movement Directive
came into force on 30 April 2006.
Genuine residence in the EEA host country
Since 25 November 2016, regulation 9 has required that the residence of the British
citizen and any family members in the other EEA member state are genuine.
Between 1 January 2014 and 24 November 2016, the test was whether the British
citizen had transferred the centre of their life to another EEA member state. When
the ‘centre of life’ test was introduced on 1 January 2014, transitional provisions
applied.
The transitional provisions applied where the family member of the British citizen
either:
• had a right of permanent residence in the UK on 31 December 2013
• had a right of residence in the UK on 31 December 2013 and either:
o held a valid registration certificate or residence card or EEA family
permit issued under the 2006 regulations
o had made an application under the 2006 regulations for a registration
certificate or residence card or EEA family permit which had not yet
been determined
o had made an application under the 2006 regulations for a registration
certificate or residence card which had been refused and in relation to
which an appeal under regulation 26 could be brought whilst the
appellant was in the UK (excluding out-of-time appeals) or an appeal
was pending
If the above criteria were met, these transitional arrangements applied until the
occurrence of one of the following events:
• the 6 month validity period to enter the UK in reliance on a family permit
expired and the family member had not entered the UK
• an appeal (excluding out-of-time appeals) could no longer be brought and no
appeal had been brought
• any appeal against the decision to refuse to issue residence documentation
was dismissed, withdrawn or abandoned
• the person ceased to be the family member or family member who had
retained the right of residence
• any right of permanent residence was lost as a result of 2 or more
consecutive years’ absence from the UK
Where the transitional provisions applied and the family member either already held
residence documentation or had an application considered under these transitional
provisions and was then issued with residence documentation, you can accept that
the residence of the British citizen and any family members in the other EEA
member state was genuine for the purposes of regulation 9 of the 2016 regulations
Where these transitional arrangements did not apply, or the family member had an
application considered under these transitional provisions but was refused residence
documentation, you must consider whether the residence of the British citizen and
any family members in the other EEA member state was genuine in accordance with
this guidance: Stage 3: determine whether residence in the EEA host country was
genuine.
Related content
Contents
Related external links
Immigration (European Economic Area) Regulations 2016
Free Movement of Persons Directive (2004/38/EC)
As my wife got her 5 year residence card March 2013, am I correct in saying the only evidence we need to produce is that proof of me being a worker since Nov 2016?
