Our client is an EEA national who has naturalized as a British citizen after having exercised his treaty rights in the UK and having obtained permanent residence on that basis. His wife is a non-EEA national working in the UK. He has worked continuously in the UK for 3 years.He has a job offer in a member state. The wife has a pre-settled status.My question is that if the wife can continue to work in the UK if her EEA husband accepts the job offer in the member state and returns to the UK at least once a week and id she can apply for indefinite leave to remain after having completed 5 years? Any suggestions and comments would be welcomed.
Isn’t this an application under Appendix EU Table 11(3)?
In which case the question is-
‘When the sponsoring EEA national spouse has permanent residence (or is a relevant naturalised British citizen in this case) and the non-EEA national wants to rely on the spouse’s status for the purposes of the non-EEA’s future permanent residence application, to what extent must the EEA national be resident in the UK’?
And I agree there isn’t an obvious answer to this, as far as I can see. At page 55 of the guidance it talks of the need to prove the sponsors ‘continuous residence’ in the UK – but this term is not defined in Appendix EU (I presume this is not as strict a definition as ‘continuous qualifying period’ ie 6 months absence in a year etc)
If the sponsor is returning every week I should imagine this should be fine. In practice I guess the sponsor will provide utility bills etc which will ‘prove’ residence.
Thank you for getting back to me.
I think it will be 11(5) instead of 11(3) as 11(5) covers a scenario where the EEA national husband is not residing in the UK but working in another EU member state and visiting the UK once a week. I am assuming he can be considered as the relevant EEA national under 11(5)(b)(ii) who Would be granted indefinite leave to enter or remain under this Appendix, if they made a valid application under it even though he has already obtained permanent residence and the British citizenship.
Yes, I agree with you that the residence of the non EEA national wife in the UK should be counted towards the continuous qualifying period otherwise what would be the logic of 11(5) though I am also a bit sceptical in case she is required to reside in the member state with her husband wherein he would be exercising his treaty rights after having ceased activity in the UK, and return to the UK once a week along with him in order to become eligible to apply under 11(5).