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Permanent Residence - EEA

Posted: Mon Sep 24, 2012 8:47 pm
by untame274
Hi,
1. I have 2 kids , 1 irish passport,1 British passport,spouse Irish passport.
2. I started working in July 2007 with a 6 mth family residence permit due to a EU spouse eligilibity.
3. Spouse was not working or excercising her treaty rights till Jan 2009.
4. I was working continously and I applied for a residence permit but was rejected in 2 letters saying spouse must be excercising her treaty rights and also must have insurance..
5. Spouse has started working from Jan 2009 so I sent another application and then was granted a residence permit without any restrictions to work,business or any other type work. It was dated Aug 2009 until Aug 2014.
6. I have already a home with a mortgage now 3 yrs.

*** My question***
1. Am i eligible to apply for permanent residence now?
2. Spouse only started working from Jan 2009.
3. Does it mean that I have to wait until Aug 2014 to apply for permanent residence?
4. Cant find any documents relating to this application.. Any ideas or responses??

Thanks
Harold D'cruz

Re: Permanent Residence - EEA

Posted: Mon Sep 24, 2012 8:54 pm
by EUsmileWEallsmile
untame274 wrote:Hi,
1. I have 2 kids , 1 irish passport,1 British passport,spouse Irish passport.
2. I started working in July 2007 with a 6 mth family residence permit due to a EU spouse eligilibity.
3. Spouse was not working or excercising her treaty rights till Jan 2009.
4. I was working continously and I applied for a residence permit but was rejected in 2 letters saying spouse must be excercising her treaty rights and also must have insurance..
5. Spouse has started working from Jan 2009 so I sent another application and then was granted a residence permit without any restrictions to work,business or any other type work. It was dated Aug 2009 until Aug 2014.
6. I have already a home with a mortgage now 3 yrs.

*** My question***
1. Am i eligible to apply for permanent residence now?
2. Spouse only started working from Jan 2009.
3. Does it mean that I have to wait until Aug 2014 to apply for permanent residence?
4. Cant find any documents relating to this application.. Any ideas or responses??

Thanks
Harold D'cruz
Your PR will happen when you have completed five years residence in accordance with the regulations. For you, this means that your wife has had to be a qualified person during this time. Time when she wasn't won't count.

(At the risk of oversimplifying and since you mention her work, she will need to have been a worker for five years before you qualify.)

Re: Permanent Residence - EEA

Posted: Mon Sep 24, 2012 9:31 pm
by Medwill
untame274 wrote:Hi,
1. I have 2 kids , 1 irish passport,1 British passport,spouse Irish passport.
2. I started working in July 2007 with a 6 mth family residence permit due to a EU spouse eligilibity.
3. Spouse was not working or excercising her treaty rights till Jan 2009.
4. I was working continously and I applied for a residence permit but was rejected in 2 letters saying spouse must be excercising her treaty rights and also must have insurance..
5. Spouse has started working from Jan 2009 so I sent another application and then was granted a residence permit without any restrictions to work,business or any other type work. It was dated Aug 2009 until Aug 2014.
6. I have already a home with a mortgage now 3 yrs.

*** My question***
1. Am i eligible to apply for permanent residence now?
2. Spouse only started working from Jan 2009.
3. Does it mean that I have to wait until Aug 2014 to apply for permanent residence?
4. Cant find any documents relating to this application.. Any ideas or responses??

Thanks
Harold D'cruz
you have to understand that you have been refused because your wife was not excercising her treaty right untill 2009 and regardless of what ever asset you owned here both of you have to complete the 5 yrs or might try puting in just your wife application first and if the home office refuse her base on not excercising treaty right prior to 2009 then both of you have to wait till 2014 and if the home office grant hers then you can try your luck. All this is only if you can not wait till 2014. Good luck.