Automatic rights vis-a-vis RC or PR for EEA national
Posted: Tue Feb 02, 2016 10:44 pm
Hi,
I have been following the forum for many years and am thankful to all members for the amazing help and advice they have provided over the years. I wanted some help on the matter below.
I am a Bitish citizen and my wife is a EEA national.
She will be automatically gaining PR in 2017 at the latest.
The issue is the potential referendum happening before then and if UK leaves the EU.
We have had specialist advice on this matter but we would be most grateful for any advice from the members in this forum.
An EEA national derives qualified status or PR status automatically if they have been exercising treaty rights as per EEA 2006 directive (for both cases). Also as long as they satisfy all criteria set out in the UK government guidelines based/derive on these EEA directives.
As per our understanding acquiring an EEA registration certificate or EEA PR card (vignette in passport) is not compulsory for proof of exercising treaty rights under the current regulations for an EEA national for the respective situations.
We totally appreciate in the event of UK voting to leave EU there will be fundamental changes to these regulations but in the case that UK enforces any changes retrospectively there will/should be transitional arrangements for all EEA nationals living and exercising treaty rights in UK from before.
Based on the above premise our main query was whether we should/must get an EEA registration certificate for my wife at this point till her attaining PR status in 2017. Ideally we would just like apply for PR of course.
We have been advised that it would not be necessary to apply for registration certificate, if the UK government enforces any changes to the EEA regulations retrospectively - as in that case all previous EEA national cases will/should be processed under transitional arrangements which have to follow the original directive regulations. But we wanted to put this issue forward in this forum.
Many thanks in advance - we are most grateful.
Best Regards
I have been following the forum for many years and am thankful to all members for the amazing help and advice they have provided over the years. I wanted some help on the matter below.
I am a Bitish citizen and my wife is a EEA national.
She will be automatically gaining PR in 2017 at the latest.
The issue is the potential referendum happening before then and if UK leaves the EU.
We have had specialist advice on this matter but we would be most grateful for any advice from the members in this forum.
An EEA national derives qualified status or PR status automatically if they have been exercising treaty rights as per EEA 2006 directive (for both cases). Also as long as they satisfy all criteria set out in the UK government guidelines based/derive on these EEA directives.
As per our understanding acquiring an EEA registration certificate or EEA PR card (vignette in passport) is not compulsory for proof of exercising treaty rights under the current regulations for an EEA national for the respective situations.
We totally appreciate in the event of UK voting to leave EU there will be fundamental changes to these regulations but in the case that UK enforces any changes retrospectively there will/should be transitional arrangements for all EEA nationals living and exercising treaty rights in UK from before.
Based on the above premise our main query was whether we should/must get an EEA registration certificate for my wife at this point till her attaining PR status in 2017. Ideally we would just like apply for PR of course.
We have been advised that it would not be necessary to apply for registration certificate, if the UK government enforces any changes to the EEA regulations retrospectively - as in that case all previous EEA national cases will/should be processed under transitional arrangements which have to follow the original directive regulations. But we wanted to put this issue forward in this forum.
Many thanks in advance - we are most grateful.
Best Regards
