Page 1 of 1

Can I stay and continue work in UK if PR is refused?

Posted: Sat Dec 17, 2016 2:14 pm
by Elenamallorca
First about myself: I'm non-EU citizen; spouse of British citizen; we have a child together (born in Spain in 2006); came to UK in 2011; have EEA Family Residence Permit under SS route; just applied for Permanent Residence and want to be prepared.
My husband hasn't been working for a year and a half due to illness, was put on ESA (didn't get any payments from them though because of mu earnings, just support to find suitable employment); last week he finally started part-time work.
My question is: should my application for PR be refused on grounds of insufficient evidence of continuous exercise o f Treaty Rights, or on any other grounds for that matter, can I still remain and work in UK under EU law if he is working now?
Thank you.

Re: Can I stay and continue work in UK if PR is refused?

Posted: Sat Dec 17, 2016 6:08 pm
by Obie
In law you should not have difficulties qualifying. Your husband does not require to be working upon your return.

Re: Can I stay and continue work in UK if PR is refused?

Posted: Sat Dec 17, 2016 7:32 pm
by Elenamallorca
Thank you, Obie, for your reply. However, what did you mean by "on your return"? I am in the UK already living with my husband and working. Do you mean that if my Permanent Residence application is refused, I would have to leave UK first?