Loosing peramnent Residence gained under European FamilyLaw

[dimas]

I am not quite sure I understand this bit of European Legislation, I know that after 5 years of residence under EEA law (as a non EEA family member who exisizing treaty rights ), non EEA family members can get PR. In the same piese of regulation it says -
Refusal to issue or renew and revocation of residence documentation
"" 20. —(1) The Secretary of State may refuse to issue, revoke or refuse to renew a registration certificate, a residence card, a document certifying permanent residence or a permanent residence card if the refusal or revocation is justified on grounds of public policy, public security or public health.

(2) The Secretary of State may revoke a registration certificate or a residence card or refuse to renew a residence card if the holder of the certificate or card has ceased to have a right to reside under these Regulations.

(3) The Secretary of State may revoke a document certifying permanent residence or a permanent residence card or refuse to renew a permanent residence card if the holder of the certificate or card has ceased to have a right of permanent residence under regulation 15.""

So does this mean thet Permanent residence is not so permanent? I am conserned with clouse - ceased to have a right of permanent residence under regulation 15 - does this mean that in order to keep my PR I have to stay married to my spouse and she will have to continue working in the UK. Will I loose this PR if lets say we divorse or she desides to leave the UK for good?
Many thanks

[vinny]

(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.

(3) But this regulation is subject to regulation 19(3)(b)

[joelondon]

(3) But this regulation is subject to regulation 19(3)(b)[/quote][/quote]


so thats mean ? what is the regulation 19 ?

[joelondon]

19. —(1) A person is not entitled to be admitted to the United Kingdom by virtue of regulation 11 if his exclusion is justified on grounds of public policy, public security or public health in accordance with regulation 21.

(2) A person is not entitled to be admitted to the United Kingdom as the family member of an EEA national under regulation 11(2) unless, at the time of his arrival—

(a) he is accompanying the EEA national or joining him in the United Kingdom; and

(b) the EEA national has a right to reside in the United Kingdom under these Regulations.

(3) Subject to paragraphs (4) and (5), a person who has been admitted to, or acquired a right to reside in, the United Kingdom under these Regulations may be removed from the United Kingdom if—

(a) he does not have or ceases to have a right to reside under these Regulations; or

(b) he would otherwise be entitled to reside in the United Kingdom under these Regulations but the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.

(4) A person must not be removed under paragraph (3) as the automatic consequence of having recourse to the social assistance system of the United Kingdom.

(5) A person must not be removed under paragraph (3) if he has a right to remain in the United Kingdom by virtue of leave granted under the 1971 Act unless his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.

[dimas]

I saw the regulation 19,3.b, and that residence may only be lost through 2 year absence, however, the clause below still quite confusing, it says that you may loose your residence if you stop qualifying.

(3) The Secretary of State may revoke a document certifying permanent residence or a permanent residence card or refuse to renew a permanent residence card if the holder of the certificate or card has ceased to have a right of permanent residence under regulation 15.""