Permanent residency | Non EEA family member please HELP

[RC0215]

Hi,

I have a tricky situation:

2013: moved to the UK with my EEA partner (I am a non EEA extended family member / unmarried partner)

2015: applied and obtained a UK residence card as an extended family member of an EEA partner exercising his treaty rights in the UK since 2013

2017: we got married

2018: applied for a joint application for permanent residency. Application based on the fact that I am a family member of an EEA application exercising bis treaty rights for 5 continuous years.

I received a response from the HO that confirms my EEA partner’s rights for PR however they mentionned that given that we got married in 2017, they were not able to verify the 5 year continuous period for me.

I replied back that I was an extended family member (unmarried partner) since 2013 and the family permit and residence card confirm my rights.

HO replied that given that I was an extended family member, I need to wait for 5 years since my RC has been issued so I could apply for PR.

I have a few questions:

1) Should I refer the case to a tribunal given that the regulation states that I should be a family member of an EEA for 5 years and I do meet this guideline. In fact the FP and RC acknowledge the tenor and legitimacy of our partnership. I should therefore not wait for 5 years post RC.

2) If my partner becomes a British citizen in 1 year, can I still apply for PR as a family member of an EEA in July 2020? (He will have dual eea/uk citizenship)

3) Our son was born in the UK in 2018 prior to the 5y mark of residency. Can we still apply for British citizenship once my EEA husband gets his PR? Or is it better to wait until my husband becomes a british citizen?

Many thanks

[CR001]

2013: moved to the UK with my EEA partner (I am a non EEA extended family member / unmarried partner)

2015: applied and obtained a UK residence card as an extended family member of an EEA partner exercising his treaty rights in the UK since 2013

How did you enter the UK in 2013, what visa did you have?? What was your immigration status between entering the UK and applying for the RC in 2015??

[RC0215]

Thanks for your reply.
I came together with my partner however My employer sponsored me for a tier 5 visa. One year later I went back to the eea country for 2 weeks, applied for a family permit then once in the UK applied for RC (applied given unmarried partner route and sent proof for 2 year relationship).
So all in all:
Sept 2013 came to the UK under tier 5
Sept 2014 went back to eea country for 2 weeks and applied for FP
October 2014 came back to UK
February 2015 applied for RC
July 2015 granted RC

[CR001]

Your 5 years on the eea route for PR therfore started when you returned to the UK with the family permit in October 2014.

The time on tier 5 doesn't count towards PR under the eea route as an unmarried partner.

[RC0215]

Thanks!

It started when I got granted the FP? Or the RC?

Also, do you know what would be my status if husband aquires british citizenship?

Do I need to apply for a new UK visa? Does it invalidate the RC? So do I go through the settled status route or apply from scratch using the BC route?

Last, my eea baby was born in the UK just before my husband aquired the PR. Can we still apply him for BC and does he get BC given one of his parents has PR?

Thanks so much

[RC0215]

Anyone would know please?

[Richard W]

It started when I got granted the FP? Or the RC?

It should start from when you arrived in the UK with your family permit (FP). However, it may have restarted when your RC was issued if your FP had expired.

Also, do you know what would be my status if husband aquires british citizenship?

Do I need to apply for a new UK visa? Does it invalidate the RC? So do I go through the settled status route or apply from scratch using the BC route?

If your husband keeps his EU nationality, your status is unchanged.

Last, my eea baby was born in the UK just before my husband aquired the PR. Can we still apply him for BC and does he get BC given one of his parents has PR?

If by 'acquired PR' you do mean completed the 5 years, then he is not British but you are entitled to buy British nationality for him once his father has PR.

[prcame]

Hi I think he meant by buying British is registering your baby using the MN1 form which cost around £1000 your baby is eligible to register as British since your husband acquire his PR after getting registered you can then apply for his British passport and future kids will be automatically british.

[RC0215]

Thank you very much all!

HO asked me if I would like to change my PR application to extend my current RC rather than forfeit the fee, I guess I will do that then (hoping that the cancelled RC would still count towards 5y mark).

On a different topic, once husband gets BC, and once I get PR then I believe I dont need to wait for an additional 12 month post PR as I can apply down the spouse of BC route:

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either:

indefinite leave to remain
a permanent residence document (if you’re from the EEA)

The thing is I am a non EEA married partner. So I am not sure if I could do this. Any idea please?

Many thanks!

[Marco_cristian]

Thank you very much all!

HO asked me if I would like to change my PR application to extend my current RC rather than forfeit the fee, I guess I will do that then (hoping that the cancelled RC would still count towards 5y mark).
Did the HO cancel your existing RC?

On a different topic, once husband gets BC, and once I get PR then I believe I dont need to wait for an additional 12 month post PR as I can apply down the spouse of BC route:

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either:

indefinite leave to remain
a permanent residence document (if you’re from the EEA)

The thing is I am a non EEA married partner. So I am not sure if I could do this. Any idea please? You are eligible if you meet up all the requirements

Many thanks!

[RC0215]

Well I am not sure but HO asked me if I would like to convert my application (initially a PR application) to extend my RC. So either they would cancel existing RC and provide me with a new 5y one or somehow they would provide an extension to the current one without cancelling it.

Thank you

[Richard W]

You may be able to apply as the spouse or civil partner of a British citizen instead. You need to have lived in the UK for the last 3 years and have either:

indefinite leave to remain
a permanent residence document (if you’re from the EEA)

The thing is I am a non EEA married partner. So I am not sure if I could do this. Any idea please?

Ignore the "if you're from the EEA"; permanent residence under the EEA regulations is enough wherever one comes from. It your spouse is an EU national, it is also irrelevant, as on completion of the 5 years you should apply for ILR under the EU settlement scheme.

[Richard W]

Well I am not sure but HO asked me if I would like to convert my application (initially a PR application) to extend my RC. So either they would cancel existing RC and provide me with a new 5y one or somehow they would provide an extension to the current one without cancelling it.

Or they would issue a new RC, cancel the old one, and then send you the new one.

[RC0215]

Yes, as long as the years I’ve spent in the UK under the cancelled RC count towards the 5 year condition, i.e. I dont have to count from scratch under the new RC.

It’s tricky because the months I’ve spent in the UK under the EEA FP visa dont count as it was cancelled when the RC got issued.

Just hoping a cancelled RC won’t invalidate the years I’ve spent under it.

Regarding BC, once I get PR, I will either wait 12 months and apply for BC or
Apply through the spouse of BC route (husband would have dual nationality) and with the latter I wouldnt need to wait for an additional 12 month post PR.

Why do you mention ILR? Not sure if I am missing something.

Many thanks

[Richard W]

It’s tricky because the months I’ve spent in the UK under the EEA FP visa dont count as it was cancelled when the RC got issued.

That doesn't make sense. What makes sense is that they might not count because you had neither an FP nor an RC during May and June 2015, even though you had ultimately successfully applied for an RC before your FP expired.

Why do you mention ILR? Not sure if I am missing something.

Brexit.

[RC0215]

Clever, thanks