Residency in Gibraltar.Have been self employed and resident in Gibraltar continuously since 1995. Have a 5 year "permit of residence" which expires in 2014. I would like permanent residence, especially for my children who were born here. This doesn't look possible under the local legislation http://www.gibraltarlaws.gov.gi/articles/1962-12o.pdf Any ideas ?
Dear customer,Thank you for your inquiry.Could you please specify which is your nationality?Which kind if residence permit do you exactly have?I look forward to hearing from you.Best,Tiziana
I am British national, as are my family, UK passport holder. I have a 5 year "Permit of Residence" expiring in 2014. Pls look at the link I sent you to the relevant law herehttp://www.gibraltarlaws.gov.gi/articles/1962-12o.pdf, There is also a "Residence Permit" which I appear to need to apply via EU directive 2004/38/EC for permanent residence. The legislation states that "residence permit" only possible via the asylum act, so I appear to be denied my EU rights reference residency.
Dear customer,Thank you for clarifying your situation.The EU directive on residence only applies to EU citizens living in a country other than their country of nationality.Since you are British citizen, the directive does not apply to you in connection with your right of abode in the UK or a any other territory administered by the UK.For the purposes of the EU law the EU Treaty specifies that Gibraltar is a UK a territory administered by the UK.As a result,I am afraid that you can not rely on EULaw to claim a right of permanent residence in Gibraltar.Therefore,your right to live is determined solely by the relevant Gibraltar ordinance.I hope this answers your question about European law.If so,please rate my answer positively so that I can be compensated for my time without any extra charge for you.Please,feel free to ask any follow up question.A bonus is very much appreciated.Best,Tiziana
Solicitor - Ph.D. Doctor Europaeus in EU law
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