Applying for PR earlier

[Helen14]

Dear members,

I have go the following question: can my husband apply for PR earlier?
Situation is the following:
Me: EEA citizen, living in the UK since 2006, always worked, still working full-time. My PR application is submitted, not expecting any hiccups. Daughter born 2012, UK citizen twice (had to prove again that she is eligible for citizenship when renewed the passport few months back)

Husband: has been in relations before we got together, had RC issued in 2009 , valid till 2014. We got married in Feb 2013, he has changed his RC card, which now was issued May 2013 and valid till 2018.

The question is:
Can he get PR now on the basis that he got 1st RC in 2009 and now well more than 5 years gone?
If not, do we need to apply in Feb, when the 5th wedding anniversary is? Or can he apply couple of months before, as Home Office takes at least 4-5 month to consider non-EU application?

[Wise]

If i may ask why was your non EU spouse issued with the second RC?

[Helen14]

Because 1st RC was with the different partner, then he got married to me. We sent the document to HO. And he got 2nd RC.

[CR001]

Because 1st RC was with the different partner, then he got married to me. We sent the document to HO. And he got 2nd RC.

He applies for PR based on his CURRENT marriage and RC. So February 2018.

[Wise]

Your spouse can apply just after the divorce of the ex if married at the time and your spouse can proof that you both lived under the same roof with substantial proofs e.g bills and some correspondence for both of you.

Or count 5yrs from your marriage date and most importantly the EU national can proof how he/she is exercising treaty right through.

Good luck

[Helen14]

Thank you

[Wise]

If you're interested in becoming Brits please don't apply not until your non EU partner has got the PR.

Otherwise the EU route will be void for your partner. You're warned.

Good luck

[Richard W]

Your spouse can apply just after the divorce of the ex if married at the time and your spouse can proof that you both lived under the same roof with substantial proofs e.g bills and some correspondence for both of you.

If I understand Wise, that would be a cheeky move:

For period up to decree absolute and remarriage on the same day (possibly doable in Las Vegas), he would be an EFM (durable partner) of the OP, promoted to family member on the basis of the residence card he received as a family member of the first wife.

I'm not sure that the status of durable partner can be achieved in retrospect.

I'm not sure that the residence card would remain in force if the first wife had ceased to be a qualified person or have permanent residence. Moreover, I think Regulation 25(2) would require that the first wife's valid non-British passport or ID be submitted. The situation would probably not be very different from claiming a retained right of residence, which would be safer if the evidence is there.

Or count 5yrs from your marriage date and most importantly the EU national can proof how he/she is exercising treaty right through.

The Passport Office has accepted that the OP has achieved permanent residence.

[Wise]

Sorry is my mistake in that first paragraph because i guessed you mis understood my point. What i meant was to count the new 5yrs after the clean break with the first wife and non EU national can proof the new relationship with enough paperwork including treaty right of the EU national.

Personally i love dealing with home office in a very easy way and path so i will agree with you on the 5th anniversary of the new marriage.

Refearing to your last text in your reply. The EU national just applied for the PR according to her and the application is yet to be decided but your reply says the Passports office has confirmed the PR.

Am i missing something as am on baileys with ice right now.

[Richard W]

Refearing to your last text in your reply. The EU national just applied for the PR according to her and the application is yet to be decided but your reply says the Passports office has confirmed the PR.

Am i missing something as am on baileys with ice right now.

You missed the significance of the daughter's two British passports, reported in the opening post. The girl is British because her mother achieved permanent residence before the girl was born.

[Richard W]

Moreover, I think Regulation 25(2) would require that the first wife's valid non-British passport or ID be submitted.

Sorry, I meant Regulation 21(5).

[Helen15]

Hi guys!
I could not login with my original account, but it is me, the topic starter

The reason I have raised that question was that my husband insisted on applying PR earlier, I was convinced it would be rejected for him and we had quite a few steamy arguments

Anyway, we have applied for EU + non-EU PR March 2017, which was 1 year before our 5th wedding anniversary. We got the decision last Friday (bang on 6 months). You know what? They have issued him PR, and the date he acquired it: June 2014, i.e. exactly 5 years from the date of issue of 1st RC. So the counter has not been restarted when he changed RC after marriage. Just to clarify, he was not married to the 1st partner.

I thought I will share the outcome of this, it may help someone in the future