Relavent 5 year period for eea (PR)

[swisskiwi]

Hello,
would I count my relavent five year period for permanent residence from the time I received my residence card 26-11-2010 to 25-11-2015 or the date I first entered the uk 17-01-2011 to 16-01-2016?
I am an unmarried partner of a eu citizen exercising treaty rights.
Thanks

[noajthan]

Hello,
would I count my relavent five year period for permanent residence from the time I received my residence card 26-11-2010 to 25-11-2015 or the date I first entered the uk 17-01-2011 to 16-01-2016?
Thanks

Neither really.
Count the required 5 years from the time you (or EEA sponsor, if you have one) has been exercising treaty rights continuously as a qualified person.

So it may coincide with your date of entry to UK, but it is unlikely to exactly match the date of your RC.

If your sponsor is a spouse you will have to factor in your date of marriage as well as your date of entry into UK.
Edit: strike that - just noticed you are in a durable relationship.

PS are those dates correct? or are they switched around?
You couldn't have got the RC before you arrived.

[noajthan]

You can get into the head of the caseworker weighing up & assessing your case, here:
https://www.gov.uk/government/uploads/s ... _clean.pdf
- see page 32+

[swisskiwi]

I applied for it then had to travel home ( nz ) for work, it arrived whilst I was out of the country.
So I would count my five year period from the time we started our durable relationship? She has been exercising treaty right for 15 years and we have been together for 7 years

[noajthan]

I applied for it then had to travel home ( nz ) for work, it arrived whilst I was out of the country.
So I would count my five year period from the time we started our durable relationship? She has been exercising treaty right for 15 years and we have been together for 7 years

I still think the quoted dates are switched.

Have you had EFM RCs all the time?
How long were you absent from UK?

Incidentally, your partner may like to have confirmation of PR in the bag too (if not done so already) - probably earned it by now.

[swisskiwi]

I was in the uk on a 6 month visitor visa when we met, then travelled back and forth for 18 months and then applied for eea2.
The fp was issued on the 26 Nov 2010 but we did not receive it in the mail until some weeks later, I travelled back in with my partner in jan 2011

[noajthan]

I was in the uk on a 6 month visitor visa when we met, then travelled back and forth for 18 months and then applied for eea2.
The fp was issued on the 26 Nov 2010 but we did not receive it in the mail until some weeks later, I travelled back in with my partner in jan 2011

Looks like count from January 2011 then, assuming sponsor was...blah blah (you know the drill).

Note a FP is not a RC. Do you have a proper EFM RC

When was this (mandatory for EFM) RC issued?

[swisskiwi]

Yes sorry a RC, thanks for your help and advice

[swisskiwi]

Yes sorry a RC, thanks for your help and advice

[swisskiwi]

It was issued Nov 26 2010, I have also received a new RC this year but am now thinking I should apply for PR.

[noajthan]

It was issued Nov 26 2010, I have also received a new RC this year but am now thinking I should apply for PR.

Yes, looks like you've served your time and have probably acquired PR automatically already.
You just need the confirmatory card to prove it, especially if you have ambitions of citizenship.

If you were in UK during Q4 of 2010 it may be that you can apply from that time.
That is assuming your absence was less than 6 months (over 6 months absence would have broken continuity of residence).

Have you or sponsor enjoyed any other prolonged absences from UK since then?

[swisskiwi]

I arrived on the 1st of May 2010 on a 6 month visitor visa and stayed until October, sorry but what is Q4??
We have been out of the country but for no more than three months at a time until this year when I was out For 183 days exactly waiting for my new RC to arrive! This is why I am wondering if my five year period would fall into this absence?

[Noetic]

I arrived on the 1st of May 2010 on a 6 month visitor visa and stayed until October, sorry but what is Q4??

The 4th quarter

[noajthan]

I arrived on the 1st of May 2010 on a 6 month visitor visa and stayed until October, sorry but what is Q4??
We have been out of the country but for no more than three months at a time until this year when I was out For 183 days exactly waiting for my new RC to arrive! This is why I am wondering if my five year period would fall into this absence?

Q4 - fourth quarter of the year.

The visitor visa is no good for these calculations.

You need to have been up and running in a durable relationship and being sponsored under EU rules by your qualified person sponsor. When did all that commence?

An absence of 183 days is a slight concern.
The maximum permitted in a 12 month period (based on anniversary of arrival in UK) is 6 months.
That is except for an exceptional one-time absence for pregnancy, military service etc (not necessarily all at same time ).
Any absence over 6 months breaks continuity of residence and stops your PR clock (ie resets it to zero).

[swisskiwi]

Yes it is a issue....... We have been together since March 2008. Technically my cut off for a five year period would be 17 Jan 2016? Which would get me in the clear!

[swisskiwi]

I proved a durable relationship from March 2008 to the time of my first RC application around May 2010. I suppose I've been official in the uk from the issue date of the RC 26 Nov 2010!? although I didn't enter until 17 Jan 2011

[noajthan]

I proved a durable relationship from March 2008 to the time of my first RC application around May 2010. I suppose I've been official in the uk from the issue date of the RC 26 Nov 2010!? although I didn't enter until 17 Jan 2011

I don't follow when the 6 month absence actually was and which year/s of yours it falls into (based on whichever anniversary of arrival stands up; maybe Jan-Jan).

For example, were you in UK and was sponsor a qp from Jan 2011 - Jan 2016?
If so you're sorted if continuity remained intact.

[swisskiwi]

Yes my sponsor was a qp from Jan 2011 to Jan 2016 I also have been resident in the uk the whole time but just this past year I left 12 oct 2015 and arrived back 13 April 2016, if my cut off is Jan to Jan it should not be a problem?
It seems a bit of a grey area

[noajthan]

Yes my sponsor was a qp from Jan 2011 to Jan 2016 I also have been resident in the uk the whole time but just this past year I left 12 oct 2015 and arrived back 13 April 2016, if my cut off is Jan to Jan it should not be a problem?
It seems a bit of a grey area

Travel days (out/back) are not usually counted in the computation.

In that case looks like you're home free and Robert is your father's brother or "Bob's your uncle"!

[swisskiwi]