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PR or ROR for NON EEA national when EEA national dies

Posted: Mon Dec 02, 2013 2:41 pm
by askmeplz82
Heloo guys need just some suggestion

one of the my mate married to an EEA national back in 2009 Sep. They lived together for for 3 years but in January this year his wife died in the UK

He is still using 5 years resident card valid till february 2015. He is living in the UK for 12 years now legally ( student + family member of an EU national )

His solicitor asking him to apply for ILR under UK routes. But i think he shouldn't because it's costly

- he have death certificate ( she died because of Brain infection; not work related )

- proof of his wife exercise treaty right before death

- proof of residence together in the UK


So, can he apply for British citizenship now ? i know you need to be 6 years under EU law for apply for BC but what if EEA national dies ?

Posted: Mon Dec 02, 2013 2:45 pm
by UKBA HUNTER
So you have a lot of non-EEA national friends for whom you always keep on asking the board very often :lol: :lol:

Posted: Mon Dec 02, 2013 2:59 pm
by sheraz7
you should introduce all of your friends how to register with board.

Article 12
Retention of the right of residence by family members
in the event of death or departure of the Union citizen

1. Without prejudice to the second subparagraph, the Union citizen's death or departure from the
host Member State shall not affect the right of residence of his/her family members who are
nationals of a Member State.
Before acquiring the right of permanent residence, the persons concerned must meet the conditions
laid down in points (a), (b), (c) or (d) of Article 7(1).
2. Without prejudice to the second subparagraph, the Union citizen's death shall not entail loss of
the right of residence of his/her family members who are not nationals of a Member State and who
have been residing in the host Member State as family members for at least one year before the
Union citizen's death.

Posted: Mon Dec 02, 2013 3:02 pm
by askmeplz82
Yes he will today. Just spoke to him

thanks

Posted: Mon Dec 02, 2013 5:07 pm
by askmeplz82
sheraz7 wrote:you should introduce all of your friends how to register with board.

Article 12
Retention of the right of residence by family members
in the event of death or departure of the Union citizen

1. Without prejudice to the second subparagraph, the Union citizen's death or departure from the
host Member State shall not affect the right of residence of his/her family members who are
nationals of a Member State.
Before acquiring the right of permanent residence, the persons concerned must meet the conditions
laid down in points (a), (b), (c) or (d) of Article 7(1).
2. Without prejudice to the second subparagraph, the Union citizen's death shall not entail loss of
the right of residence of his/her family members who are not nationals of a Member State and who
have been residing in the host Member State as family members for at least one year before the
Union citizen's death.

I know about ROR and PR can he apply BC before 6 yrs ?