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Treaty Rights in the UK - continuous period of 5 years

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Marchand1
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Joined: Fri Mar 01, 2013 12:04 am

Treaty Rights in the UK - continuous period of 5 years

Post by Marchand1 » Fri Mar 01, 2013 12:22 am

My wife is an Irish national and I am an American. She lived and worked in London for 11 years. She left for a contract in the Caribbean for 5 years. She returned to London and has been working for 15 months. She applied for me to settle in London and was refused because she has only been back for 15 months because she has not exercised Treaty Rights in the UK - 5 continuous years. Does that first eleven years count? Do we have any recourse?

Obie
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Post by Obie » Fri Mar 01, 2013 12:42 am

Well the first 11 years does not count, as she subsequently went away for five years. Therefore she is not someone with a right of permanent residence.

However i am not sure what you applied for, but if she starts working in the UK again, you will be able to claim a right of residence.
Smooth seas do not make skilful sailors

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jun 08, 2013 9:28 am

@OP, this thread has some information relating to your case.

Which thread would you rather post in? A mod can lock the others to avoid confusion.

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