Is continuity of residence discrubted with custody?

[7376]

Dear all,

I am wondering if you know whether a continuity of 5 years for PR for NON EU family member is disrupted with a 3 months custody from which 1.5 months was served on a licence?

I arrived in 2013 January on a family permit, received a residence card in May and applied for PR in May 2018.
The link: http://www.eearegulations.co.uk/Regs20… ... ulation_03 where it says so. I wonder whether such a short time stops the five years then?
And this link says 2016 would not it be a subject to rules before 2016 if arrived in 2013?
Thank you for your advise.

Betta

[secret.simon]

I am wondering if you know whether a continuity of 5 years for PR for NON EU family member is disrupted with a 3 months custody from which 1.5 months was served on a licence?

Yes.

(3) Continuity of residence is broken when—
(a) a person serves a sentence of imprisonment;

The 2016 Regulations would apply to any PR Card application made after it came into force.

However, given that Directive 2004/38/EC does not make any provision for breakage of continuity of residence in the case of imprisonment, I think there would be grounds for appealing a refusal.

[7376]

secret.simon @secret.simon
Dear Simon,

I appreciate your quick reply.
I have received an email from the home office stating that based on this directive the continuity has been broken and that they can offer me another residence card. And that I should reply whether I am happy with it.

So I thought I would say yes but the person from the Home office seems to be quite nice so do you think that the link you provided would make a difference or should I accent the residence card?

Many many thanks,

Petra