Immigrationboards.com

Hi
I have a question for getting permanent residency.
Now my better half is a non EU citizen. She came in UK 2010 for her masters. We met in the same year and since then been together. We both were in uni accommodation and moved in together to a private acomodation in 2011. Then she got a Post Study Work visa valid for 2 years and got a job in UK. in 2013 she applied for EEA family member permit as I am a EU member citizen and we lived for 2 years together. Which qualified her to get EEA FAMILY Permit starting 2013.

Question is, can she become a permanent resident of UK now as she has been in UK for 5 years? When should one count her stay from? Because to get EEA permit I had to show we are living together for 2 years. and since then if I count it's 5 years. But if I count when she got EEA family member permit then it's from 2013.

Is she eligible for becoming a permanent resident? I am going to apply for my permanent residency as I have been in UK for more than 5 years now. And would like my partner to be permanent resident here as well. We see our future in UK.

Thank you for the advise.

jackcramerr wrote:can she become a permanent resident of UK now as she has been in UK for 5 years?

No, because from way your question is phrased, it sounds like the two of you are not married, but in a durable partnership. For her, her PR clock started when she got her Residence Card as durable partner of an EEA citizen.

Her earlier stay as student and PSW visa was under the UK Immigration Rules and that can not be aggregated with time spent under the EEA Regulations as your durable partner.

She needs to complete five years as your partner with you either exercising treaty rights or being a Permanent Resident.

Were the two of you been married, her PR clock would have started from the date of your marriage or date that she moved to the UK as your spouse, whichever is later, and would not have depended on the date the Residence Card was issued.