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permanent residence for EEA nationals

Sue123
forum member

EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Hi
I am not very good with permanent residence for EEA nationals and other residence rights.
If anyone has any good links where I can read I would really appreciate it.

I wanted to ask a question.
EEA nationals - man and woman, are living together but are not married. They have been in the UK for 10 years. Man worked for over 5 years. Woman never worked.
I assume while they live together, they have right to reside and now would have permanent residence.
However what happens if they split up. What happens to right to reside for the woman.
Will she be able to still have permanent right to reside? Or will she lose it?
she has children in education. Will she have right to reside, although she never worked? She might have worked but only for a week or two, not sure.
Any explanation would be really helpful.

thank you

alang
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Paisley South HA

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Total Posts: 54

Joined: 9 February 2015

Hi,
I think in this case that it is likely that the woman wont have a permanent right of residence as she is not a family member as defined in the regs. She may have acquired the permanent RTR as an extended family member as it is clear that they have been in a durable relationship (up until now anyway) but to be an extended family member she must have an EEA extended family member permit, this can usually be verified from her passport.

You will probably have to go down the route of the primary carer of a child in education. I am assuming that the man she and the children lived with is the father. So as long as they have lived with him and he has worked then the right should get passed to the children and then back onto the mother. In which case you should be able to do this without too much bother. However, I have found in the past evidencing the status of a worker after a relationship breakdown can be a problem, so if she has not left yet and can get any proof before she leaves that would be good. Hoefully they are still on fairly cordial terms though and there wont be any issue.

Hope this helps

Thanks

Alan

[ Edited: 20 Jan 2017 at 08:24 am by alang ]
Sue123
forum member

EEA Family Support, Children's Centre Calderdale

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Total Posts: 135

Joined: 16 February 2015

Sorry i posted this in wrong post but might as well ask this question now.

Can someone please explain the link below to see if I got it right?

I looked at this http://www.eearegulations.co.uk/Latest/ByPage/part1_10

If I understand correctly, then married woman would retain right to reside even if she got divorced?

Thank you

[ Edited: 25 Jan 2017 at 08:07 am by Sue123 ]