@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 ...
I've had a look at the EEA Regulations, which is the UK's version of the EU Citizenship Directive, and they seem to differ from the Directive on this matter. The Regulations simply say that if you are the family member of an EEA worker who has ceased activity , you are eligible for permanent residen...
I agree with Clive, you are worrying too much. Just register with the job centre. I doubt if a Home Office caseworker would even notice you were one week short, and even if they did notice they are not going to get very far refusing you PR on that basis because it would just get overturned in appeal...
Did your husband apply for and get an EEA residence card as your unmarried partner before your marriage? If not, then the 5 year count for PR starts from the date of your marriage.
Your stepfather became a permanent resident through the normal 5-year route so no you are not eligible for permanent residence now. You can only attain permanent residence early if your stepfather attained his permanent residence status early because of having to cease activity in exceptional circum...
It's not compulsory for the PR application to submit a letter from your employer with the reason for leaving, so don't bother. The form says you should only submit it if it's "relevant", which it is to help prove worker status for PR but if you get proof that you have registered with the job centre ...
So, is it officially a resignation or a dismissal? For example, would your former employer tell the job centre that you were dismissed or that you resigned if the job centre rings him/her? Anyway, I severely doubt that you would not get PR just because you left your job one week before you achieved ...
Unless gross misconduct is considered voluntary unemployment which I'm not too sure about, you are ok for PR. Even if it is voluntary unemployment, all you have to do is get CSI for you and your family for a short period and you will be fine. Just to be sure, you were dismissed and didn't resign, ri...
I take it you were dismissed for misconduct? I do think it's a decision that is harsh and it may even be an unfair dismissal (which you can sue for) if the manager did not follow company disciplinary procedures or if you have a disability like a mental health difficulty. However, you can still regis...
Travel abroad is not going to have an effect on a RC application as long as there is always an EU sponsor resident in the host State for the family member to derive rights from. Coming back with COA should be ok if the family member is a direct family member, but the family member should certainly c...
It sounds like your husband could fit the definition of posted worker judging from Your Europe . If that's the case, he is allowed one single absence of up to 12 months and so in that case he would still be eligible for PR no matter what. If he were not a posted worker (although it sounds like he is...
It all depends on how the Home Office counts the years for PR. The Directive allows temporary absences of only 6 months a year for PR but it's not clear whether a year means any 1 year window or it means per annum starting from day zero of the 5-year period. Plus the Directive allows one single abse...
Check both the paper version of the FP form and its guide here. They will tell you what kind of documents the Home Office wants. Basically it will be proof of Irish employment, residence, "integration" and in the case of dependants, proof of dependency.
You can legally do both at the same time if you want. There is no need for a lawyer; just send in proofs of your relationship with a fresh application. The issue must be that you only married very recently just before your wife's visa application.
It should be £130. If you sent the application forms together, I wonder if they processed one and neglected to process the other one. It's better that you ring them to check.
Visa officers often tiresomely decline on the basis of a not genuine marriage, which they are not supposed to unless they have good reason to suspect so, such as applicant only married recently before applying for visa or has a poor immigration history. Your wife could try asking for a reconsiderati...
It's probably better if you do, as the UK may not be implementing CJEU McCarthy properly for British sponsors, meaning that they may ask you to satisfy Regulation 9 of the EEA Regulations at the border before they will allow your family members to use their Irish residence cards to enter the UK.
Yes, you would have to submit all the dependency evidence again, even evidence from Ireland. British sponsors do not have to exercise Treaty rights on return to the UK so your family can apply for UK residence cards straightaway. 18 months in Ireland is more than sufficient to satisfy the Home Offic...
You can by law use any 5 year window for PR confirmation, although before April 2006 someone who may have acquired Article 16 permanent residence could lose it if the EEA national took more than 2 years break from exercising Treaty rights before that date. If you wish to apply in the category of a d...
