EHICs only cover you if your stay is temporary. EEA students could possibly argue that fact but I'm not sure whether your wife can really argue that her stay was temporary after working for 3 years in the UK. There's no harm in trying, I suppose. However EHICs only cover the holder, I believe, if I ...
You do not need to remember every absence since the beginning of your residence in the UK. All that is important for PR is that you were continuously exercising Treaty rights for a period of 5 years (any 5-year window of your choosing) and that absences in that 5-year period amount to no more than 6...
You do not need to provide your entire history in the UK, as that's what it sounds like you're doing. Just pick any 5 year window in the UK that you were legally resident and that you have good proofs for. What absences are we talking about here, short holidays? If so, just write that on the form an...
They must be dependent on you to be eligible to have an automatic right of residence in Ireland. They must rely on you for material support for their essential needs. Material support can be for example in the form of money or in the form of food, shelter and clothing, etc, that you provide for them...
You would be better off travelling with your German residence card if it's an Article 10 residence card obtained under the Surinder Singh route - the UK has long recognised German cards for entry since last year I believe. Residence cards are usually invalidated by absences over 6 months, unless the...
No, you did not need CSI when you were under 21 and your parents were economically active. You can claim for PR using any 5-year window in the UK of your choosing, so long as you were legally resident during those 5 years. As has been already mentioned, you can make a PR application as the family me...
^ The residence card is still valid as long as it hasn't passed its expiry date. I've read accounts of people travelling in the EU all the time with current visas in expired passports, although you might get the odd border guard or airline staff who hasn't been trained properly who might give you ha...
It's not necessary to include your previous expired passport. It's a UK suggestion rather than serving any purpose under EU law. The UK seems to ask for all sorts of things in the EEA Family Permit form that are excessive.
It's a good declaration. I'd correct one thing, which is it's "Regulation 13" and not "section 13". I'd put a comma after "non-EU national" just before "for almost four years", otherwise it reads like he was only a non-EU national for four years :). For initial right of residence, you can simply wri...
The DWP claims process operates quite a bit differently to Home Office applications. These days you phone the DWP to make a claim and have a two-way discussion with them involving questions and answers on both sides to establish the basis for a claim. I know this because I've done it many times on b...
I was under the impression that the Directive allows EEA nationals to be considered as "family members", at least it is mentioned in certain instances like in Article 12. Otherwise, how would for example an 8 year old EEA national gain PR at the age of 13, because they certainly couldn't fit into an...
DWP is often wrong and they were wrong to blanketly say that OP's mother does not derive any rights from the OP, because it all depends on the circumstances which I doubt DWP customer service asked the OP. Judging from OP's account of his mother's history, a housewife who has never worked and a wido...
I missed that bit. Still, the DWP is wrong. Your mother, if she is dependent on you, does have a right to reside. Furthermore, if you are economically active, or got PR as a worker who had ceased activity (incapacity, retirement, etc), she skips the Habitual Residence Test.
Did you come to the UK with your parents? Are they EEA nationals too, and did either of them work or were self-employed for a continuous period of 5 years whilst you were still under 21? If so, you can apply for PR on the basis of being a family member of an EEA national, but you would have to submi...
You would only able to obtain a PR card now if you can submit proof of exercising Treaty rights from your ex-wife during the years of your marriage, and then proof of yourself exercising Treaty rights after the divorce to bring that up to the 5 years. The question is can you obtain that proof from y...
What are your circumstances? If neither the family member nor the British sponsor are in Ireland yet, then neither will require CSI for the first 3 months that they are in Ireland, and so the family member won't need CSI for entry into Ireland. After 3 months in Ireland, if the British sponsor wishe...
That's a tricky one. Technically, your mother-in-law counts as a family member of your wife's, but I'm not sure how it would stand with you now being British. If you were still non-EEA, the answer would be clearly yes. Perhaps you should contact Your Europe Advice and ask them.
A solicitor is not required, just write a cover letter. Proof that he has a permanent incapacity such as a doctor's letter or hospital letters are fine and the driving licence letter. You also need to provide proof that he was residing and working in the 2 years before he became incapacitated if you...
@Obie, after reading the case law you linked to, I will concede. I had overlooked the term "by way of derogation from Article 16" in Article 17(1), meaning that Article 17 is stand-alone and so an EEA national has the choice of attaining permanent residence through either Article 16 or 17, whichever...
@kobytee, under the EEA Regulations, you can apply for PR status, no problem just go ahead. I am just debating with Obie what I see is a subtle difference between the Directive and the Regulations. I do not dispute under the EEA Regulations that a family member becomes immediately PR when a worker c...
No, I'm not saying that. I am saying from the context of this thread that under the Directive it appears that a family member can immediately achieve PR status (no 5-year rule) if their EU sponsor had ONLY attained his PR status through incapacity or retirement rather than through the 5-year rule. T...
Half of EU countries for example Spain actually generously issue Article 10 residence cards to their nationals without the necessity of exercising Treaty rights in another country. This was discussed earlier in the thread. I don't think Germany is one of these countries though, in which case a Germa...
I would say the UK is more generous than the Directive in this respect because from the Directive it appears to say that family members only attain PR status if their EU sponsor attained PR status through incapacity, retirement, etc: 3. Irrespective of nationality, the family members of a worker or ...
