Will Prison Time affect a EEA4 Application

[wanttoknow]

Hi

My Cousin was issued a resident card after being married to EEA National he found a younger girl and decided he wanted a devorce. its was 4 years and 6 months, they got devorced and my cousin apply for PR, but found herself in the wrong company and had a couple of arrest not been charge for anything but she is worried that there is one in particular that she is going to do time for as she was catch on camera for a GBH charge

Is the above going to have on affect on her RP if she is sentence for 6 month, even tho she has submitted her application before her actual arrest

PLEASE ADVICE ANYONE SOMEONE
WANTTOKNOW

[Obie]

Well, the right of permanent residence cannot be affected by circumstance that happened after. Therefore she will qualify for the confirmation she has sought if she had clicked 5 year of lawful residence in accordance with the EEA regulations before been sentence. Provided of course, if she gets sentenced.

Notwithstanding the fact that she has secured PR, the Secretary of State may revoke or refuse to confirm this right under Regulation 20, if such refusal is justify under grounds of Public Policy or Public security. Therefore your cousin should try and keep her head down.

[wanttoknow]

I keep telling her but i thhink she took her devorce to heart, they last two child and she blames herself for it we trying to be there for but cant do so 247,

im going to look up Regulation 20 or if there is a link to it would you be so kind to share

[Obie]

This Section provides the latest changes to the EEA regulations.

See consolidated EEA regulations.

[Directive/2004/38/EC]

The UKBA guidelines for Public Policy refusals have now been released. See http://www.whatdotheyknow.com/request/n ... ing-351556

From my brief scan through, it appears that a 6 month prison sentence should not (in itself) cause a problem. And as was pointed out, she probably already has PR.

Your cousin should clearly be very careful and avoid any additional problems though.

[wanttoknow]

But how would she know if she has received her PR/ when she has got her confirmation, she doesn't want to chase it up until the police issue is resolved but its been a year december since her application, and she is worry they might do a CRB check on her if she does chase it up

[Directive/2004/38/EC]

But how would she know if she has received her PR/ when she has got her confirmation, she doesn't want to chase it up until the police issue is resolved but its been a year december since her application, and she is worry they might do a CRB check on her if she does chase it up

It has been a year since she applied for PR confirmation?

[wanttoknow]

Yeah its been a year now she done it in Nov they send bk and ask for more info which was returned in Dec 2011

[Obie]

It needs to be chased. PR application should not take longer that 6 months. Whatever the circumstances.

[wanttoknow]

I going to speak to to her tomorrow, we are going to go to the solicitors and instruct the to chase it up i just don't want to get her in any trouble because of her situation we the police That I mention earlier

[Obie]

Please do. Solicitor seems a bit incompetent. He should have chased it. One year seem a long period, like i said, whatever the circumstance.