Compulsory for a non-EU family member to apply for a PR card

[achan891]

I was reading the EU Directive on Free Movement and noticed Article 20 which says:

"Permanent residence card for family members who are not nationals of a Member State

1. Member States shall issue family members who are not nationals of a Member State entitled to permanent residence with a permanent residence card within six months of the submission of the application. The permanent residence card shall be renewable automatically every ten years.

2. The application for a permanent residence card shall be submitted before the residence card expires. Failure to comply with the requirement to apply for a permanent residence card may render the person concerned liable to proportionate and non-discriminatory sanctions.

3. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card."

I had always understood that EU/non-EU family members who resided in accordance with the EU rules for 5 years automatically became a PR and that getting a PR document was always optional (but likely to make travel, employment etc much easier). However, part (2) here implies that it is compulsory for non-EU family members to apply for a PR card and that not doing so before a 5 year residence card expires can result in penalties.

Does anyone know anything else about this or have any experience of it? It seems... shall we say, "out of character" for the UK Home Office not to use sanctions that they would be entitled to use!

[Richard W]

2. The application for a permanent residence card shall be submitted before the residence card expires. Failure to comply with the requirement to apply for a permanent residence card may render the person concerned liable to proportionate and non-discriminatory sanctions.

Note the word 'proportionate'. The proportionate sanction for breaching a requirement not transposed into UK law would be no sanction at all.

Does anyone know anything else about this or have any experience of it? It seems... shall we say, "out of character" for the UK Home Office not to use sanctions that they would be entitled to use!

Actually, though, there are sanctions. They are imposed on the landlord or employer of someone who neglects to apply to replace their residence card in time, with potential knock-on effects on the tenant or employee.

[noajthan]

I was reading the EU Directive on Free Movement and noticed Article 20 which says:

"Permanent residence card for family members who are not nationals of a Member State
...

3. Interruption in residence not exceeding two consecutive years shall not affect the validity of the permanent residence card."

I had always understood that EU/non-EU family members who resided in accordance with the EU rules for 5 years automatically became a PR and that getting a PR document was always optional (but likely to make travel, employment etc much easier). However, part (2) here implies that it is compulsory for non-EU family members to apply for a PR card and that not doing so before a 5 year residence card expires can result in penalties.

Does anyone know anything else about this or have any experience of it? It seems... shall we say, "out of character" for the UK Home Office not to use sanctions that they would be entitled to use!

So you have learned something about UK and how the Directive has been transposed into UK law. The HO is subject to the rule of law and EEA Regulations (just as you are).

And perhaps the HO has a wider mind than you ever imagined.
Embrace it.