Permanent residence declined because UK husband has not lived abroad

[johnjarmany]

Hi, my wife is Romanian and has applied for permanent residence under section 11 (spouse of the sponsor), Her application has been refused on the grounds that we have not 'resided together in an EEA country other than the UK'. I am confused since I am from Lancashire and have never lived or worked abroad and don't understand why I should have to have lived outside the UK in order for my wife to have permanent residence in the UK, can anyone help? Thanks, John

[CR001]

How long has your spouse been in the UK?

Has she been working and exercising treaty rights?

You can't sponsor her for PR as a British citizen, she has to qualify in her own right with 5 year qualifying period.

[secret.simon]

A British citizen who has never exercised treaty rights in another EEA member-state cannot sponsor their family member under the EEA Regulations/EU law. They can only do so under the much tougher UK Immigration Rules.

In order to be able to sponsor spouses and family members under EU law, an EEA citizen must

• exercise treaty rights (i.e. work, seek work study or be self-sufficient with private health insurance)

• in an EEA member-state of which they are not a citizen

• while family life is being created or strengthened.

As a Romanian citizen, your wife cannot be sponsored under the UK Immigration Rules either.

Therefore she needs to meet the requirements for PR (exercise treaty rights (i.e. work, seek work study or be self-sufficient with private health insurance) for five continuous years) in her own stead.