formula

Thanks. I wasn't sure how this 'an EEA citizen visiting with a non-EEA family member' works.

If the airline saw his PR, would they know that in the UK that expires after two years of residing outside the UK?

BritInParis

It's unlikely that they would know that fact and there would be no way of them knowing how long he had been outside the UK since they wouldn't have access to that information. The PR vignette/card is valid for five years so providing it was still in date when he boarded the flights to the UK then there would be no reason for them to question it.

Editha

According to the OP's first post, her step-daughter is 17 and only has SA citizenship. Moreover she is going to stay in SA initially, while she completes her secondary education. What is her position going to be when she reaches 18?

formula

If the mother, who is an EEA citizen, uses EU treaty rights of free movement, then up to age 21 is allowed before they question whether she really is a dependant.

If they try to stay on her husband's PR and it is isn't noticed that it has expired, then I assume it will still be those EU rules because PR is EU rules? BiP will know.

formula

Interesting, thanks.

How would the OP know if her SA husband was admitted last year to the UK to visit as a family member of her, an EEA citizen; or whether he was admitted on his PR and the UK border missed that it had expired?

I know that when an ILR has expired and it is spotted at the border, their passport would have visitor stamped in it. But I read on a fourm that an EEA citizen and their family members aren't meant to be stamped in? Is that latter part true?

Even if someone was admitted in error on a PR, would that still keep a PR valid? As UKVI are now looking back at the applicants previous 10 years history before they issue citizenship, would any of these expired ILR and PR errors be picked up then?

formula

Bean78, I have found the rules (at the moment) that in came for EEA citizens and UK benefits.


No EEA job seekers will be able to access Universal Credit without having worked here first.

An EEA national who is a job seeker used to be able to claim income-based Jobseeker's Allowance (JSA), Child Benefit and Child Tax Credit within the initial three month right of residence period and as a result would be able to claim Housing Benefit and Council Tax Support as well. This is no longer the case.

If the EEA jobseeker (or British citizen returning from three months or more abroad) hasn't worked since arriving in the UK, a three month residency rule has been introduced. In order to make a JSA claim they will have to provide evidence of how long they have been living in the UK (or the Common Travel Area), for example, a travel document, utility bill or tenancy agreement, to show they have been living here for at least three months. If it is decided that there is not sufficient evidence they will not pass the Habitual Residence test.

For Child Benefit and Child Tax Credit there are exceptions to the three month residency rule, covering people who:

• Usually live in the UK and were receiving Child Tax Credit when they moved abroad for less than 1 year
• Had lived in the UK for three months when they moved abroad for less than 1 year

Other exceptions can be found in the Gov.UK website information on tax credits if you leave or move to the UK

EEA job seekers will also have to answer more individually-tailored questions and provide more detailed answers about what efforts they have made to find work before coming to the UK

https://www.turn2us.org.uk/Benefit-guides/Habitual-Residence-Test/What-are-the-two-parts-of-the-Habitual-Residence-T#EEA%20job%20seekers



The other problem will be what Brit has said, that your husband's PR expired after 2 years of living outside the UK. If he tells the benefits offices he has a valid PR, they may pay out first and then find out later that he and you (as your name would have to be on some of the benefits) put in a false claim, which will lead to all sorts of problems. Unless you tell them that at the time (in writing as your proof) that you aren't sure if he lost his PR and let the benefits offices check for him. That way he will know if his PR in the UK is still valid and if he can have benefits after 3 months.

BritInParis, I'm wondering if a SAR will show the husband's status in the UK in advance, before they move to the UK? Would that work?

BritInParis

Whether the PR has expired or not is a slightly moot point as the OP's husband will need to complete at least another five years in the UK in order to become eligible for naturalisation as a British citizen. The PR card is merely confirmation of an existing immigration status which the OP's husband would regain after another spending another five years in the UK. To be on the safe side I would do another five years, apply for a new PR card and then apply to naturalise after the end of the sixth year.

Not sure what a SAR would show but worth a try for £10.