How soon can we apply for PR?

[Garance]

Hi All,

Apologies if these questions are answered elsewhere. We have met with an immigration consultant but I'm concerned that some of the advice he has given us doesn't match what I've read on this forum. I would really appreciate any advice as it feels like there's zero margin of error on applications!

Here it is in (a very large!) nutshell: I'm Italian and my husband is Indian. We were married in London in June 2012. He received an EEA2 residence permit in November, 2012. I could become British but we're holding off because it's far more complicated and expensive to be the spouse of a UK citizen, so for now we are seeing if my husband can get PR first.

We have been told the following:

1. He can only apply for PR within one month of his EEA2 residence permit expiring. Is this right? He has been in country since June,2012, so 6 months before getting the permit. Does that count towards the 5 years for PR or is it only the time with an EEA2 permit that counts?

2. In that period, we didn't realise that we could only be out of the country for 6 months or less. He spent 8 months in India for work. He has a letter from his employer stating that he was needed there for that period. Do you think it is likely that the Home Office will accept this as a justifiable reason for exceeding the six month limit?

3. Our consultant told us that if we apply for PR and he doesn't qualify they will automatically re-issue an new EEA2 permit? Does that sound right? I'm terrified that if he gets refused for PR, we will then have to spend another 6 months making a separate EEA2 application.

4. What does everyone think will happen with EEA2 permits in year's time? Will the five year permit be terminated when Britain leaves the EU or will they have to honour the five years on the permit?

Okay I think that's it. Thank you for reading this long post. Any thoughts would be greatly appreciated!

Garance

[Richard W]

First off, note that for your husband, a residence card is not a permit. It might be regarded as such for extended family members, but not for family members such as your husband. The rights and privileges associated with the residence card depend entirely on your being a 'qualified person'. A residence card merely evidences that someone has the associated privileges at the date of issue.

There is no legal connection between when a residence card expires and when one may apply for PR. The only connection is that life in the UK can be difficult without a residence card.

Thus, but for the 8 month absence, if you have been a qualified person or permanent resident since you8r marriage, your husband would already have permanent residence.

The currently declared proposal is that EEA nationals and their families should switch to a genuine systems of permits/visas by 2 years after Brexit. A plain residence card will mostly be just a souvenir after March 2021. Their only use will be in conjunction with the McCarthy transition arrangement for family members of EEA nationals who at some point came to be British, and only those applied for before 16 October 2012 will be relevant.

[secret.simon]

I'm Italian and my husband is Indian.

Is your husband related to a certain political dynasty in India?

1. He can only apply for PR within one month of his EEA2 residence permit expiring. Is this right? He has been in country since June,2012, so 6 months before getting the permit. Does that count towards the 5 years for PR or is it only the time with an EEA2 permit that counts?

As you are married, all the time that he has been resident in the UK as your spouse counts. However, the period before your marriage does not count.
If you were married in the UK, provided you meet the qualified person or PR requirement throughout the five years, he should be eligible to apply for the PR Card on your fifth anniversary.

There is no one month in advance option for any applications under the EEA route.

2. In that period, we didn't realise that we could only be out of the country for 6 months or less. He spent 8 months in India for work. He has a letter from his employer stating that he was needed there for that period. Do you think it is likely that the Home Office will accept this as a justifiable reason for exceeding the six month limit?

He is allowed one absence for "an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting". If he can demonstrate that he was posted abroad, he should be OK.

4. What does everyone think will happen with EEA2 permits in year's time? Will the five year permit be terminated when Britain leaves the EU or will they have to honour the five years on the permit?

In 2016, after Brexit and Trump, all our crystal balls shattered. The UK's offer for EEA citizens in the UK is that EU PR Status will be converted into a "settled status" under UK law. But that is of course dependent on the outcome of the Brexit talks.

[Garance]

Thank you all for these replies. Hugely helpful.