EEA2 about to turn into PR: how to prove right to work?

Hi,

My American husband has an EEA2, which expires in october 2016. As I understand, he will then gain automatic PR.

He just got an offer for a new job, and his new employer wants proof of his right to work beyond october.

How do we prove this?? I've been looking at the UKBA website but can't seem to find a page that clearly states that PR is automatically achieved when the EEA2 permit expires.

Thanks!

15(1)(b) on Page 16.

anaotchan wrote:Hi,

My American husband has an EEA2, which expires in october 2016. As I understand, he will then gain automatic PR.

He just got an offer for a new job, and his new employer wants proof of his right to work beyond october.

How do we prove this?? I've been looking at the UKBA website but can't seem to find a page that clearly states that PR is automatically achieved when the EEA2 permit expires.

Thanks!

PR is not automatically achieved when the RC expires.

It depends if you as sponsor are still exercising treaty rights.
It also depends if any prolonged absences have interrupted continuity of residence in UK (for either of you).
It further assumes you are still married to each other; (I guess you are).

It is automatically acquired on the latest of:

• your fifth wedding anniversary;
  five years of you both residing in UK (not necessarily cohabiting);
  and
  after you as sponsor have exercised treaty rights continuously for 5 years;

You can probably see that may or may not coincide with when the RC expires.

As to proof suggest you apply for a 'confirmation of PR' card.
If husband has ambitions for privilege of citizenship such a PR card is now one of the mandatory prerequisites.

PR is not automatically achieved when the RC expires.

It depends if you as sponsor are still exercising treaty rights.

EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?

Thanks for the replies! Very helpful.

In our case it looks like it will indeed be when his permit expires. Married 5 years,we've been living and working in the UK continuously.

saira1983 wrote:EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?

Unclear if this is a question.

noajthan wrote:

saira1983 wrote:EU national Sponsor has to be exercising treaty rights at the time of expiration of RC, or throughout the five year period (for the non EU spouse of an EEA national to acquire PR) ?

Unclear if this is a question.

I mean when there have been 5 years since marriage, and non EU spouse wishes to apply for PR, which one of these does he / she have to prove when applying for PR:

i) His / her EU spouse exercised treaty rights throughout the 5 year period, or

ii) His / her spouse was exercising treaty rights only at the time of expiration of RC, and not throughout the 5 years. e.g. EU spouse exercised treaty rights in Year 1 and 2, didn't exercise treaty rights in year 3 and 4, and then started exercising treaty rights again in Year 5. [EU spouse in this case does not have PR themselves].

In case (ii) above, can non EU spouse still get PR ?

saira1983 wrote:I mean when there have been 5 years since marriage, and non EU spouse wishes to apply for PR, which one of these does he / she have to prove when applying for PR:

i) His / her EU spouse exercised treaty rights throughout the 5 year period, or

ii) His / her spouse was exercising treaty rights only at the time of expiration of RC, and not throughout the 5 years. e.g. EU spouse exercised treaty rights in Year 1 and 2, didn't exercise treaty rights in year 3 and 4, and then started exercising treaty rights again in Year 5. [EU spouse in this case does not have PR themselves].

In case (ii) above, can non EU spouse still get PR ?

Obviously its what you describe as scenario i) that has to be proven because treaty rights have to be exercised continuously;
PR is not acquired at one snapshot in time.

if scenario ii) occurs the PR clock is stopped.

In fact if a sponsor stopped exercising treaty rights for a prolonged period (as you suggested in ii) then continuity of residence UK would be lost.
The non-EEA dependent would have no basis to remain in UK. If HO detected such a state of affairs removal proceedings could be initiated.

Noone acquires PR if ii) occurs and the PR clock stops.

Can I assume by your detailed question that something like this applies to a 'friend' of yours?

Thanks for the reply. The question was detailed because the shorter version was unclear apparently (please see thread).
Just trying to understand the law basically. Some EU nationals say they can stay in UK for as long as they want, and so can their relatives / spouses. But some people (like you said) say the EU nationals only have the right of free movement, not the right of residence unless they are not exercising treaty rights.
Home Office guidance notes - Long Residence dated 08 May 2015 says

During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf (page 30)
Also, when Home Office issues a residence card, the covering letter mentions that 'the leave granted will be broken once the relationship with the EU national ends'. No where does it say that the EU national sponsor will have to keep exercising their treaty rights. (correct me if I am wrong about the covering letter).
In short, I agree with your point (after reading Home Office guidance) that PR can only be obtained if treaty rights were exercised continuously for 5 years.
But have my doubts about the point that residence status is affected if treaty rights are not being exercised. For example, there are so many European women living in UK only staying at home with children, and not exercising treaty rights - are they all disqualified from staying in UK ? I guess not !

saira1983 wrote:Thanks for the reply. The question was detailed because the shorter version was unclear apparently (please see thread).
Just trying to understand the law basically. Some EU nationals say they can stay in UK for as long as they want, and so can their relatives / spouses. But some people (like you said) say the EU nationals only have the right of free movement, not the right of residence unless they are not exercising treaty rights.
Home Office guidance notes - Long Residence dated 08 May 2015 says

During the time spent in the UK under the provisions of the EEA regulations, the individuals are not subject to immigration control, and would not be required to have leave to enter or leave to remain

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf (page 30)
Also, when Home Office issues a residence card, the covering letter mentions that 'the leave granted will be broken once the relationship with the EU national ends'. No where does it say that the EU national sponsor will have to keep exercising their treaty rights. (correct me if I am wrong about the covering letter).
In short, I agree with your point (after reading Home Office guidance) that PR can only be obtained if treaty rights were exercised continuously for 5 years.
But have my doubts about the point that residence status is affected if treaty rights are not being exercised. For example, there are so many European women living in UK only staying at home with children, and not exercising treaty rights - are they all disqualified from staying in UK ? I guess not !

The UK's LR regs are not a definitive guide to EU regs (EU law).

But even so the pertinent point is

...under the provisions of the EEA regulations...

In my opinion, that means in accordance with.
Not just: some European staying in UK as they wish because they feel like a long holiday.

The letter that may come with a RC is not a comprehensive statement of law. How can it be!
For that, refer to EU law and the relevant Articles & Directives;
as well as what has been transposed into UK law as the Immigration Regulations.

There is a lot of ignorance about this, those women you describe (if they exist) are, technically, not legally resident.
As explained previously, they could be removed.

Ref HO guidance on removal of EEA nationals.
https://www.gov.uk/government/uploads/s ... A_v8_3.pdf
- see page 8

That's the good thing about codified laws, you don't have to leave it to guesswork; (everyone's different guesses).

If you want the full picture go to the source - the legislation.
Not feelings/guesswork; not official letters; not imprints on cards; not even the HO guidance (that is not the final word);
- & ofcourse not anonymous folks on forums such as this!

Noted. Thanks !