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Hi there, I've been studying the UKBA website and cannot seem to find clear answers to my questions. I did find a lot of information for spouses of British Citizens, but what about spouses of EEA Nationals?

Background:
I am a Canadian citizen. My husband is a Spanish citizen. We were married in August 2008. We applied for my EEA Family Permit November 2008, starting with the Entry Clearance.

I've been in the UK since November 2008. I entered the UK with an Entry Clearance stamp for EEA Family Members, valid for 6 months to give time to apply for the EEA Family Residency Permit. I applied for the Residency almost immediately. At the time, the UKBA said they would take 6 months to return our passports with my stamp. It took over a year. When I received my passport back, I received the EEA Family Residency permit stamp inside, date issued January 2010. Expires January 2015.

Here are my questions:

1. Did my five years start November 2008, when I legally entered as a spouse to my EEA National husband? or does the five year count start from the date of the Residency Stamp on January 2010?

2. After my five years in the UK, do I have the right to apply for British Citizenship? Or is there a step in between...like some kind of Leave to Remain or Permanent Residency without an Expiry date?

3. If my husband works abroad, but the company is UK based and he gets paid from the company within the UK to our UK bank account and pays UK taxes, does that count as eligible UK employment?

Thank you so much in advance for answering my queries. I appreciate this forum so much. It's really helped us since we've migrated to the UK and with our entire application process for the EEA Residency.

1. November 2008. Rights under EEA Regulations are automatic and don't depend on residence docuementation.

2. PR status is required. See Q1 & Q5 in Citizenship FAQs - Common Questions - Read before posting.

3. Has he been working abroad since 2008? How often does he return home? How many days does he spend abroad each year? Does he work in another EU country?

Hi,

Thank you for your answers.

3. Has he been working abroad since 2008? How often does he return home? How many days does he spend abroad each year? Does he work in another EU country?[/quote]

No, he's been working in the UK since 2008 but this past year has been working in Portugal, but the company is UK based, meaning he is still employed in the UK but physically needs to be in Portugal this past year... does this pose as an issue?

Thank you again.

Jambo wrote:

Jambo wrote:3. How often does he return home? How many days did he spend abroad in the past year?

He has been away since July 2012. He has not yet been back in the UK, although I have visited him once, for a 3 month period. He will be back in the UK next month. So, total of 16 months away from the UK.

Unless he has attained PR prior to July 2012, his Continuity of residence may have been broken.

vinny wrote:Unless he has attained PR prior to July 2012, his Continuity of residence may have been broken.

He hasn't applied for PR. Does this mean that I don't qualify for PR any longer? He doesn't need a PR, but I eventually will if I want to continue living in the UK...and we are still married.

Is there any way around this?

Thank you for your prompt responses.

Unfortunately, you may not be eligible for PR yet, if 15(1)(b) fails.

Turiya wrote:

vinny wrote:Unless he has attained PR prior to July 2012, his Continuity of residence may have been broken.

He hasn't applied for PR. Does this mean that I don't qualify for PR any longer? He doesn't need a PR, but I eventually will if I want to continue living in the UK...and we are still married.

Is there any way around this?

Thank you for your prompt responses.

Hi If you tell us bit more about your Husband work history in the UK

like when he first came to the UK and started working continuously.

Working History:

2008 November - 2009 January
Seeking Employment in UK (proof of job seeking, employer responses, interview appointments available)

2009 January - 2012 July
Working for UK based company in London

2012 July - present
Working for UK based company from Portugal

Hope this helps...

It seems that his residency has broken. It also means that you have no legal basis to stay in the UK. The 5 years clock for PR would start once he is back in the UK.

On a related note - if he has been out from the UK for so long, he doesn't need to pay taxes in the UK and can ask for the money to be returned to him.

Turiya wrote:Working History:

2008 November - 2009 January
Seeking Employment in UK (proof of job seeking, employer responses, interview appointments available)

2009 January - 2012 July
Working for UK based company in London

2012 July - present
Working for UK based company from Portugal

Hope this helps...

The non-EEA's rights to be in the UK are based on the EEA partner. If the EEA partner is no longer in the UK then the non-EEA partner loses the right to be in the UK legally

Home office wouldn't know until they are told

Your PR clock will start again when your husband come back to UK and start working.

you cab apply for PR. it's cost £55 so very cheap. If you apply for PR hopefully they will accept, if not they may then issue you another Resident card for 5 years if your husband exercise treaty right during that time

It would appear that you cannot obtain PR on the basis of your husband's activities. Generally, he could have been absent for up to 6 months per annum or 12 for special reasons. He has exceeded both.

There is no point in applying for something that you do not qualify for.

There is another possibility and that is you may have retained rights of residence. Please read through directive 2004/38/ec and see if you have a basis to claim this.

Thank you for your response. Can you please send me a link to 2004/38/ec?

Is this on the UKBA website?

Turiya wrote:Thank you for your response. Can you please send me a link to 2004/38/ec?

Is this on the UKBA website?

I would advice you to send a message to YOUR EUROPE. See what they say .. It's free and they reply in 2/3 days

http://europa.eu/europedirect/write_to_us/index_en.htm