Immigrationboards.com

I am EEA citizen from denmark, and I am marrid to an Non EEA citizen, we want to move to UK. We have applied for an EEA family permit and succesfully recieved 6 month visa. when we arrive to UK I will apply for registration certificate for my self and we will apply for 5 year residence permit for my non eea family member. My question is, am I an "qualified person" when I still keep my work in denmark and commute to uk every 2 weeks, spend the weekend in the UK with my family and then go back to denmark to work.?

kamixk wrote: ↑

Thu Aug 02, 2018 12:30 am

I am EEA citizen from denmark, and I am marrid to an Non EEA citizen, we want to move to UK. We have applied for an EEA family permit and succesfully recieved 6 month visa. when we arrive to UK I will apply for registration certificate for my self and we will apply for 5 year residence permit for my non eea family member. My question is, am I an "qualified person" when I still keep my work in denmark and commute to uk every 2 weeks, spend the weekend in the UK with my family and then go back to denmark to work.?

Full details of a qualified person can be found here.

You may be able to claim this on the basis of being a self-sufficient person

kamixk wrote: ↑

Thu Aug 02, 2018 12:30 am

My question is, am I an "qualified person" when I still keep my work in denmark and commute to uk every 2 weeks, spend the weekend in the UK with my family and then go back to denmark to work.?

I am not sure that you would be counted as resident in the UK - you would seem not to meet the definition of a 'frontier worker'. Frontier workers are expected to be at home at least once a week. Would your 'temporary' accommodation in Denmark be your current home? Are you planning to use the 'Swedish route' to secure your wife residence in Denmark via the Surinder Singh ruling?

Even if the OP were to return to the UK every weekend and thus be a frontier worker, I do not think that s/he will be a qualified person.

Continuity of residence for the purpose of the EEA Regulations is broken if there is an absence of more than six months in the year from the UK. Even if she returns to the UK every weekend (104 days) and spends about a month of leave in the UK (28 days), s/he will still be less than the six months in the year threshold.

Article 16 of the Directive 2004/38/EC wrote:3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

Regulation 3 of the EEA Regulations 2016 wrote:(2) Continuity of residence is not affected by—
(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;...

Both the Directive and the Regulations look at the total amount of absence in a year, not just individual absences exceeding six months.

Furthermore, the future of the concept of frontier worker post-Brexit is unclear. It is worth remembering that "frontier worker" does not exist in Directive 2004/38/EC.