Immigrationboards.com

Hello everyone,
can someone give reply. If an Eu partner left uk and exactly after 6 months the non-eu national complete its qualifying period for permanent residence. And if the EU national not return after 6 months because working in its own country then whether the non-eu national will be benefitted from at least 6 months absence because directive/law allow 6 months absence/gap without evidence.

Strictly speaking the family member loses the residence right once the EEA national leaves the UK permanently. In practice, it will probably get unnoticed by the HO. But the family member will need the EEA national passport/ID (and other documents) in order to apply for PR Confirmation

Actually 8 years spent on uk tier 4 student visas and remaining 17-18 months spent as family member of eu national and for all that treaty rights evidences about self sufficiency such as eu national bank statements, csi is available. But now eu national want to leaves but exactly after 6 months non-eu national will complete 10 years to apply PR/ILR and eu national if not return after 6 months then will that not mean that its absence from 7th month is irrelevant to application because non-eu national have already completed its 10 years with those 6 months of absence which is normally be allowed and not require any explanation.

Someone like jambo, Obie, eusmile, Vinny, and other gurus should enlightened it further.

My answer hasn't changed.

Also see Babajanov.

A further question, what qualifies as leaving the uk permanently? If my uk spouse were to leave the uk with me for six months out of the year, would I, the non eu eea2 permit holder still qualify for permanent residence after five years?

Mymorg wrote:A further question, what qualifies as leaving the uk permanently? If my uk spouse were to leave the uk with me for six months out of the year, would I, the non eu eea2 permit holder still qualify for permanent residence after five years?

I would think logically that if say an EU national were to take up employment/earn income in another EU country; live in a second home abroad; not have any proof of economic activity/continuity in the UK - all for more than 6 months per year - then these circumstances may support the inference that such a person is not considered as having rights of residence in the UK, and therefore their non-EU family members having no claim to the same.

As for "leaving the UK permanently": this would be the case, I imagine, if say an EU national were to move base - employment, income, home, pension, savings/investments - out of the UK for the foreseeable future. In such a situation it will be fair to wager that they have left the UK permanently.

Anyone with a different view?

I agree. But as the form only asks for your activities in the UK, in practice the OP would be fine.

Jambo wrote:I agree. But as the form only asks for your activities in the UK, in practice the OP would be fine.

The additional question arises: What will the non-EU family member present as a form of ID for their EU spouse? Photocopies do not seem to be accepted.

also, just looked at the EEA4 forms and geez they've gotten cumbersome! I noticed that there is a requirement to complete section 4 if "your EU national family member has left the UK". Are you implying that the OP can 'ignore' this section?

i think section 4 belongs to retained rights .
But does directive 2004 has any criteria that the EU national when leaving need to have/demonstrate the reason of absence since the reasons/mind can be changed any time for absence. How about if EU national leaves UK for 6 months intentions and at its back its non-EU national is exactly completing the qualifying period for getting permanent residence after those 6 months of absence and later EU national change its mind to further extend its absence due to working abroad then whether does this mean that upon completing the qualifying period the absence from 7th month will be irrelevant to the case because the qualifying period has already completed.

Miracle need wrote:i think section 4 belongs to retained rights .
But does directive 2004 has any criteria that the EU national when leaving need to have/demonstrate the reason of absence since the reasons/mind can be changed any time for absence. How about if EU national leaves UK for 6 months intentions and at its back its non-EU national is exactly completing the qualifying period for getting permanent residence after those 6 months of absence and later EU national change its mind to further extend its absence due to working abroad then whether does this mean that upon completing the qualifying period the absence from 7th month will be irrelevant to the case because the qualifying period has already completed.

You're right - apologies, I was zipping through the form!

I do not quite understand the main body of your text. Try asking direct/simpler questions perhaps?

I think if all the period before that absence is covered with the treaty rights evidence of EU national and if exactly after 6 months of EU national's departure the non-EU national partner is completing the qualifying period for PR/ILR then i think any further absence should be ignored. Yes there is no requirement to mention/demonstrate the intention of absence. In many occasions where the EEA2 and EEA1 has already issued then caseworker did not ask for EU national passport/ID.