EEA not exercised rights for 5yrs & nonEEA RC expires - PR?

[chuni8]

Dear people,

We (EEA + nonEEA civil partner on family member RC) have been living in the UK for 5 years, but EEA has not exercised treaty rights for first 3 years because she was a student and did not have comprehensive sickness insurance throughout (bought one but cancelled it right after nonEEA obtained the RC).

Now EEA is employed so is exercising treaty rights. NonEEA family member's RC is about to expire. Will a PR application be refused? Can we simply apply for another RC?

Any advice will be greatly appreciated!

chuni8

[noajthan]

Dear people,

We (EEA + nonEEA civil partner on family member RC) have been living in the UK for 5 years, but EEA has not exercised treaty rights for first 3 years because she was a student and did not have comprehensive sickness insurance throughout (bought one but cancelled it right after nonEEA obtained the RC).

Now EEA is employed so is exercising treaty rights. NonEEA family member's RC is about to expire. Will a PR application be refused? Can we simply apply for another RC?

Any advice will be greatly appreciated!

chuni8

5 years of continuous treaty rights is required to acquire PR. That means more than living in UK for 5 years.

A non-EEA national cannot exercise treaty rights. (Whether they work or not is immaterial).
The non-EEA family member depends completey on their EEA sponsor.

If the sponsor was not exercising treaty rights then the PR clock will not have been running at that time, either for the sponsor or for dependent.

Note: If HO had become aware the sponsor was not exercising treaty rights as a student (due to having no valid CSI) then the non-EEA dependent could have been 'invited' to leave as they had no basis to be in UK.
So its better all round if sponsor is now working.

All that can be done for now is to apply for a further RC.

[chuni8]

Thanks very much!