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EEA citizen receiving PR and implications for family members
Posted: Sat Jan 30, 2016 2:18 pm
by a.s.b.o
I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.
Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?
Thank you very much for help.
Re: EEA citizen receiving PR and implications for family mem
Posted: Sat Jan 30, 2016 6:42 pm
by noajthan
a.s.b.o wrote:I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.
Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?
Thank you very much for help.
No it is not a correct understanding.
PR will be lost due to a 2 year absence from UK; this UK law applies to the PR holder her/himself.
The family dependents enjoy their right to residence under EU Directive.
The rules about continuity of residence are transposed into UK Immigration Regulations - Regulation 3.
This sets in place the 6 months per 12 months rule.
(There is a special case for exceptional circumstances).
The sponsor's absence, from UK, of 6 months let alone 2 years (or more) will have significant repercussions for all parties.
Re: EEA citizen receiving PR and implications for family mem
Posted: Mon Feb 01, 2016 6:42 pm
by a.s.b.o
noajthan wrote:a.s.b.o wrote:I apply for a PR confirmation in the summer. Upon issuing a PR my dependent family members become dependent family members of a permanently residing EEA citizen. In this case, the absence of an EEA sponsor for less than 2 years, not 6 months, will have no repercussions for their residence in UK.
Is this correct understanding of changes that my dependent parents, issued with a RC in UK, will experience?
Thank you very much for help.
No it is not a correct understanding.
PR will be lost due to a 2 year absence from UK; this UK law applies to the PR holder her/himself.
The family dependents enjoy their right to residence under EU Directive.
The rules about continuity of residence are transposed into UK Immigration Regulations - Regulation 3.
This sets in place the 6 months per 12 months rule.
(There is a special case for exceptional circumstances).
The sponsor's absence, from UK, of 6 months let alone 2 years (or more) will have significant repercussions for all parties.
Ok. Despite the EEA's sponsor acquisition of a PR, dependent family members do not loose the right of residence if the sponsor is absent for less than 6 MONTHS, or absent for up to 12 MONTHS due to a number of defined reasons.
Thank you, now clear
Re: EEA citizen receiving PR and implications for family mem
Posted: Mon Feb 01, 2016 8:48 pm
by noajthan
a.s.b.o wrote:...
Ok. Despite the EEA's sponsor acquisition of a PR, dependent family members do not loose the right of residence if the sponsor is absent for less than 6 MONTHS, or absent for up to 12 MONTHS due to a number of defined reasons.
Thank you, now clear
That is one way to look at Regulation 3.