Immigrationboards.com

Hi there

Please can someone help me.

I have gained a Permanent Residence Endorsement for 10 years on my South African passport obviously been in the UK for nearly 10 years and gained this through being married to an EEA National (Portuguese) and excise his treaty rights and I ofcourse work and proved this etc..

Anyway, the EEA National (my husband) and myself and now separating and whilst I know the Immigration cant do anything to me as I have PR in the country, my husband has advised he is moving to Southern Ireland!

Now because I am still a family member of the EEA National, him moving to a different country, does this impact my rights in the UK? Does this change everything with reference to me claiming Child tax credits etc.. I have a 10 year old boy whom is schooling here so this is very very important.

I am extremely scared that I lose my PR because the EEA National wont be residing in the UK anymore!!!

Any help with be greatly appreciated

Thanks
Kerry

The answer is the same as last time: you have obtained PR status in your own right! Whether the relationship from which your status was originally derived is still subsisting or not is immaterial. The departure of your husband will not change anything and will not change your entitlement to tax credits or any public funds in general.

Hi thanks

I thought as much, but just thought I would double check. However I have rung the European Law contact centre and they have advised of the following:

*Seeing as though I am the family member of an EEA National and upon seperation the EEA National does not live in the UK - I DO LOSE ALL PR RIGHTS.

*I will now become a foreign national in the UK!!! How does that work!!!!

This is now even more confusing.

KC8010 wrote:Hi there

Right very very pressing situation for me at the moment. I am sure you have all read my dilemmas here but briefly. I have a PR endorsement for 10 years in my South African Passport and so does my son as we are family members of an EEA National.

The EEA National and myself are splitting up and he is moving to Southern Ireland so WONT BE EXISING his treaty rights in the UK!

Now I have rung Immigration (EEA Nationals and non-EEA Nationals) and they have advised that when he moves out of the country my son and I lose all our rights in the UK! They advised I need to apply for my British Citizenship - I DONT HAVE £1200 for this!

The EEA National is threatning to keep my son and make me leave the UK as I lose all the UK rights!!!!!!

TELL ME THIS IS NOT TRUE PLEASE!!!

[url=http://www.legislation.gov.uk/uksi/2006/1003/regulation/15/made]Permanent right of residence 15[/url] wrote:(2) Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.

Hi there

Thanks for this - can I just ask in order for me to apply for British Citizenship on form AN and MN1 for my son - do they require the EEA National to show evidence of exising treaty rights for 5 years?

As previously mentioned he wont be living in the UK - however he will be coming to the UK every second week to see his son

No. They shouldn't require the EEA National to show evidence of existing treaty rights for 5 years because

KC8010 wrote:I have gained a Permanent Residence Endorsement for 10 years on my South African passport

You already have confirmation of Permanent residence.

However, they may require proof that you haven't been absent from the United Kingdom for a period exceeding two consecutive years since your confirmation of permanent residence, in line with 15(2).

See also Can I be naturalised as a British citizen?

Where was your child born?

Hi there

Thanks for this - yes I have gained PR as I have been residing in the UK for a continuous period of 5 years.
I have not been absent from the UK for more than two consecutive years!

My son was born in South Africa. My husband is threatning to take my son to Southern Ireland with him - he says I lose my PR as he wont be staying in the UK excising his treaty rights!

KC8010 wrote:he says I lose my PR as he wont be staying in the UK excising his treaty rights!

He is mistaken.

KC8010 wrote:My husband is threatning to take my son to Southern Ireland with him

If your son spends more than two consecutive years outside the UK, then he will lose his PR status. Is your son also an EEA national?

Thanks I think he thinks because he is the EEA National he has ALL RIGHTS OVER MY SON!

I have PR here and I have researched this topic over and over - and every single texts read states if the non EEA National has a Permanent Residence card then I HAVE PERMANENT RIGHT TO RESIDE IN THE UK...I have lived her for 10 years - I am a homeowner, I pay tax, I work fulltime - I will fight to live here with my son!!!

The question regarding PR has been answered by now. I think your other problem is one of family law and not immigration.

I totally agree with you.

Just quickly with reference to applying for my British Citizenship. When they say I have to provide my proof of permanent residence i.e.passport, does the passport still need to be vaild? Only reason I am asking is that my passport expires in Feb 2011 and the PR card is in that passport that is expiring! Could I get a new Passport and send them both in when I apply for BC?

Also on the AN Guidance booklet it says what you need to provide ie. EEA Nationals etc, proof of excising Treaty rights, but I am not an EEA National, so do I still send in 5 years working etc... like P60's, letters from school etc. Also lastly is the five years from when you received your PR to show working history OR is is from 5 years ago?So working history from 2005?

Your response would be appreciated!

Hi

Please can somebody help me. I will be applying for BC soon for myself and my son. My sons dad is an EEA National and both my son and I have a 10 year endorsent in our South African Passports.

On form MN1 guidance it states the following

'The child of an EEA national who did not become a British citizen at birth may now have an
entitlement to be registered as a British citizen under section 1(3), if the parent has since
become “settledâ€

There is a separate forum for questions like yours.