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Absense of 6 month
Posted: Sat Mar 14, 2015 8:03 pm
by Ishjon
Dear members, can you please advice me on my friends issue, he is married for five years and now in proccess of aplying for PR, and i know that during his five years residence his wife left her job and went back to her country for 5 or 6 months. now he has been told that it does not affect his and her right to PR, however i have told him that because his wasnt exercizing her treaty right for almost 6 months they are not eligible for PR, can you please confirm if im right or if im wrong. Thanks alot everyone
Re: Absense of 6 month
Posted: Sat Mar 14, 2015 8:07 pm
by Imshzd
Ishjon wrote:Dear members, can you please advice me on my friends issue, he is married for five years and now in proccess of aplying for PR, and i know that during his five years residence his wife left her job and went back to her country for 5 or 6 months. now he has been told that it does not affect his and her right to PR, however i have told him that because his wasnt exercizing her treaty right for almost 6 months they are not eligible for PR, can you please confirm if im right or if im wrong. Thanks alot everyone
If EEA national was absent from the UK then how he/she excercise treaty rights?
Re: Absense of 6 month
Posted: Sat Mar 14, 2015 8:26 pm
by Ishjon
This is the thing, if they are absent they dont excersize treaty rights to my knowledge, therefore i have said thay it is bot possible as she was absent and did not excersize treaty rights, any one please is that correct or am I wrong?
Thanks
Re: Absense of 6 month
Posted: Sat Mar 14, 2015 9:26 pm
by Jambo
You were wrong. There is no need to exercise treaty rights when not present in the UK. However, you are allowed upto 6 months of absence in a year (12 months in certain circumstances).
Re: Absense of 6 month
Posted: Sat Mar 14, 2015 9:44 pm
by Ishjon
Jambo wrote:You were wrong. There is no need to exercise treaty rights when not present in the UK. However, you are allowed upto 6 months of absence in a year (12 months in certain circumstances).
Thanks Jambo, but when she left she was not working, registered as job seeker or held an csi, i think in that circumstance the eu citizens will not be considered as excersizing treaty rights therefore can not apply for PR. Correct me if in wrong.
Thanks
Re: Absense of 6 month
Posted: Mon Mar 16, 2015 11:06 am
by Jambo
She will need to exercise treaty rights while in the UK so if she was not working for 2 years, left for 6 months and came back she will need to prove treaty rights for those 2 years but not for the 6 months away. If she stopped working a week before leaving for 6 months, there is no need to prove treaty rights for the time she was away.