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hi all,

i would appreciate advice on this please.
so i am residing in the uk as the family member of an eu national and we got married in feb 2016 and subsequently got the residence card later in the same year.
we both have been cohabiting since july 2014 in the uk and have plenty of documents to prove it. would i be able to apply for permanent residence as family member of eu national since we started cohabiting which will be july 2014 or do i need to wait for five years from the date we got married. my partner has been a worker for the entire duration since we are together.

thanks

asif2133 wrote: ↑

Wed Oct 31, 2018 3:09 pm

hi all,

i would appreciate advice on this please.
so i am residing in the uk as the family member of an eu national and we got married in feb 2016 and subsequently got the residence card later in the same year.
we both have been cohabiting since july 2014 in the uk and have plenty of documents to prove it. would i be able to apply for permanent residence as family member of eu national since we started cohabiting which will be july 2014 or do i need to wait for five years from the date we got married. my partner has been a worker for the entire duration since we are together.

thanks

You will be eligible for PRC by Feb 2021

asif2133 wrote: ↑

Wed Oct 31, 2018 3:09 pm

so i am residing in the uk as the family member of an eu national and we got married in feb 2016 and subsequently got the residence card later in the same year.
we both have been cohabiting since july 2014 in the uk and have plenty of documents to prove it. would i be able to apply for permanent residence as family member of eu national since we started cohabiting which will be july 2014 or do i need to wait for five years from the date we got married.

I think you can start counting from the time you started your unmarried relationship - so you'd be eligible to apply in July 2019. But by that time, Settled Status will be in place - so you'll need to apply for that, not Permanent Residency.

A family member of an EEA citizen (whose rights are automatic) is
a) Spouse
b) Children of the EEA citizen OR or the spouse under the age of 21
c) Dependent children of the EEA citizen or spouse
d) Dependent parents of either the EEA citizen or the spouse

All other relatives, including unmarried partners, are only considered family members if their relationship has been verified by the Home Office and they have been issued with a Residence Card.

EEA Regulation 7

Therefore, your right to reside in the UK under EU law started either when you married the EEA citizen OR when you were issued with a Residence Card of an EEA citizen, whichever one was earlier.

You're right - since the July 2014-2016 period pre-marriage isn't covered by a Resident Card, it doesn't count for the purposes of a PR application. We don't know what the rules for Settled Status will be in these cases, but if they're similar - same rule will apply.
Thanks for correcting.

Mamalicious187

If the unmarried non-EEA OP had entered the UK on a Family Permit and subsequently acquired a Residence Card, do you know if the clock would start counting from their date of arrival or from the date on the card?

NikiGio wrote: ↑

Thu Nov 01, 2018 9:49 am

Mamalicious187

If the unmarried non-EEA OP had entered the UK on a Family Permit and subsequently acquired a Residence Card, do you know if the clock would start counting from their date of arrival or from the date on the card?

Hi NikiGio,

I believe the clock starts when their EU Citizen Family member begins to exercise treaty rights.

FP usually is regarded as a visit visa so date of arrival does not necesarry mean they are exercising treaty rights IMO

mamalicious187 wrote: ↑

Thu Nov 01, 2018 9:55 am

FP usually is regarded as a visit visa so date of arrival does not necesarry mean they are exercising treaty rights IMO

That is incorrect, an Extended family member who entered with a family permit, will have their residence counted from the day they entered the UK. After 3 months of residence, then the EEA national needs to start exercising treaty rights if they were accompanied by the Extended family.

EEA family permit is not a visitors visa. Its holder have more extensive rights.

Obie wrote: ↑

Thu Nov 01, 2018 10:37 am

mamalicious187 wrote: ↑

Thu Nov 01, 2018 9:55 am

FP usually is regarded as a visit visa so date of arrival does not necesarry mean they are exercising treaty rights IMO

That is incorrect, an Extended family member who entered with a family permit, will have their residence counted from the day they entered the UK. After 3 months of residence, then the EEA national needs to start exercising treaty rights if they were accompanied by the Extended family.

EEA family permit is not a visitors visa. Its holder have more extensive rights.

Thanks Obie for the information

Thanks Obie/Mamalicious187,

So in this case, given that:

- unmarried non-EEA OP started living with EEA in July 2014 - presumably that's the date non-EEA entered the UK
- EEA has been exercising treaty rights the entire time they've been together
- We don't know how non-EEA entered the country
- Got married Feb 2016
- Got Residence Card later in 2016

So if non-EEA entered the country in July 2014 via a FP, for the purposes of the 5 year residency for PR (or Settled Status) the clock starts counting from July 2014, when they entered the country via the FP.

If the non-EEA didn't enter the country on a FP, then the 5-year clock starts counting from Feb 2016, date of marriage.

I agree with the poster who said you will qualify in February 2021.

Extended family members have no automatic right under the regulation, they will only qualify for a residence and a residence card, if and only if in all the circumstances it is appropriate to do so.

S you never applied for residence during the period of your unmarried relationship, you cannot use the period as extended family member to qualify.

thanks Obie/Mamalicious187/nikigeo.

at the time i entered into a relationship with the eu national, i was holding a Tier 2 visa.
a residence card is not compulsory rather its optional as far as the law is concerned? the home office can verify my relationship with my eu spouse since july 2014. infact i submitted all the documents proving we were in a relationship since this date when i applied for the residence card in Mar 2016.
perhaps i will give it a go in july 2019 as its only £65 for the application and the worst that can happen is a refusal.

asif2133 wrote: ↑

Thu Nov 08, 2018 6:38 pm

thanks Obie/Mamalicious187/nikigeo.

at the time i entered into a relationship with the eu national, i was holding a Tier 2 visa.
a residence card is not compulsory rather its optional as far as the law is concerned? the home office can verify my relationship with my eu spouse since july 2014. infact i submitted all the documents proving we were in a relationship since this date when i applied for the residence card in Mar 2016.
perhaps i will give it a go in july 2019 as its only £65 for the application and the worst that can happen is a refusal.

You welcome, I agree you should give it a go however it would be the settled status I guess. It's merely £65 so it is worth a trial