Qualifying period for Non EEA FM to apply for PR

[Omy_1124]

Scenario:
Wife: German National (Permanent Residence since November 2014). She came to UK in November 2004. Her parents and sister are also German Nationals and permanent residence holders from the same time.

Husband (Me): Non-EEA national. Came to UK on 8th December 2015 through EEA Family Permit. Got Residence card on 7th September 2016 and valid until 7th September 2021.

Wedding: 06 August 2015 in Bangladesh. Came to the UK together after wedding (08th December 2015) and have been living together since.

Questions:
1. From when does the qualifying time (05 Years) count to apply PR for me? Is it the time we got married? Or is this the time when I came to UK (08 Dec 2015)? Or the date mentioned on my RC (07 Sep 2016)?

2. If my wife takes BC what will happen to me?

Thanks in advance.

[noajthan]

1) Date arrived in UK.

2) Spouse/sponsor cannot sponsor you on EU route anymore.

[Omy_1124]

Many thanks for the reply.

My solicitor said that the period counted starts from the date shown on the RC. According to that I would have to stay here for the full 05 years the RC is valid for and before that I can't apply for PR. It seems illogical to me. I was confused and wanted to clarify the matter.

Thanks again for your valuable advice.

[noajthan]

Many thanks for the reply.

My solicitor said that the period counted starts from the date shown on the RC. According to that I would have to stay here for the full 05 years the RC is valid for and before that I can't apply for PR. It seems illogical to me. I was confused and wanted to clarify the matter.

Thanks again for your valuable advice.

Suggest drop that solicitor and demand a refund. S/he is misinformed and has misadvised you.

The almost random date an optional RC happened to be issued to you is irrelevant.
A RC is simply a confirmatory document that is all, it does not grant any rights in itself.

[Omy_1124]

Hahaha I will definitely raise it to my solicitor. Thanks again for your great help.

[noajthan]

Hahaha I will definitely raise it to my solicitor. Thanks again for your great help.

Relevant date is latest of:

• date of marriage;
  date of entry to UK;
  date sponsor starting exercising treaty rights;

(assuming you are still married to each other and neither party has enjoyed prolonged absence from UK)

You were married already and sponsor has already acquired the holy grail of settled status (so no need to exercise treaty rights anymore)
That leaves date of marriage.

Remind advisor, a RC is not a visa.
And advise her to read Directive 2004/38/EC.

[Omy_1124]

Hahaha I will definitely raise it to my solicitor. Thanks again for your great help.

Relevant date is latest of:

• date of marriage;
  date of entry to UK;
  date sponsor starting exercising treaty rights;

(assuming you are still married to each other and neither party has enjoyed prolonged absence from UK)

You were married already and sponsor has already acquired the holy grail of settled status (so no need to exercise treaty rights anymore)
That leaves date of marriage.

Remind advisor, a RC is not a visa.
And advise her to read Directive 2004/38/EC.

Right, now I'm quite clear about the relevant dates, thank you. So from my understanding, the date from when my qualifying period is counted starts from the day I entered the UK (08 Dec 15) rather than the date we got married, as our wedding was held in Bangladesh.. Is that right? We are still happily married and haven't had any prolonged absences.

[noajthan]

Hahaha I will definitely raise it to my solicitor. Thanks again for your great help.

Relevant date is latest of:

• date of marriage;
  date of entry to UK;
  date sponsor starting exercising treaty rights;

(assuming you are still married to each other and neither party has enjoyed prolonged absence from UK)

You were married already and sponsor has already acquired the holy grail of settled status (so no need to exercise treaty rights anymore)
That leaves date of marriage.

Remind advisor, a RC is not a visa.
And advise her to read Directive 2004/38/EC.

Right, now I'm quite clear about the relevant dates, thank you. So from my understanding, the date from when my qualifying period is counted starts from the day I entered the UK (08 Dec 15) rather than the date we got married, as our wedding was held in Bangladesh.. Is that right? We are still happily married and haven't had any prolonged absences.

Yes, that is my understanding too (for reasons outlined above).

[Omy_1124]

Right, now I'm quite clear about the relevant dates, thank you. So from my understanding, the date from when my qualifying period is counted starts from the day I entered the UK (08 Dec 15) rather than the date we got married, as our wedding was held in Bangladesh.. Is that right? We are still happily married and haven't had any prolonged absences.

Yes, that is my understanding too (for reasons outlined above).

Right I got it now. Thanks so much for all your help and advice!