Non-EEA family member with permanent right to reside stamp

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  • #45342
    Anonymous
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    Hi

    Sorry if this is a silly question but my brain is overloaded and I can't see the wood….

    Lady from Ghana came here in 2006 and has partner from Ghana whose passport is with the Home Office. They have a child aged 2.

    The claimant was initially granted a right of residence as the family member of an EEA national. This EEA national is not included on the claim, we have no idea what the relationship is, where the EEA national lives or whether they are working. We were thinking we would need to write to the claimant and ask the questions but her passport also has a Permanent Residence Card sticker with no restrictions on her activities in the UK. This status was granted in Sept 11 and is due for renewal in Sept 2021.

    Does the fact that she has a Permanent Residence card sticker 'trump' everything so that we can pay her without question or do we still need to find out about the EEA family member?

    Thanks in advance.

    #127543
    Anonymous
    Guest

    I would say yes she is OK.

    The fact that the Secretary of State gave her a permanent EEA family member card means the Secretary of State was satisfied on that date that she had a permanent right of residence. It is true that a residence card is declaratory and does not actually confer rights, so if circumstances change mere possession of a card is not enough on its own. But in the case of permanent residence, there aren’t many ways circumstances can change so as to deprive the person of their right to reside. Leaving the UK for two years is the main one, but that cannot have happened yet as it’s less than two years since the card was issued. Therefore if she had a permanent right of residence in September 2011 it follows that she almost certainly still has now.

    I think the Sec of State’s decision as to her status in Sept 2011 probably does trump any counter view the Council might take – this is after all primarily an immigration matter, HB is feeding off the claimant’s immigration status. However, this sounds so unusual that I might be inclined to contact the Home Office on the la @ ukba enquiry line and ask them how she was able to establish permanent residence as you were unaware of any EEA connections in the claimant’s life.

    #127554
    Anonymous
    Guest

    We have a UKBA field worker attached to our office so we will ask him about this but it does look like we will have to pay her.

    Thanks Peter.

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