Need Some advice on Exercising Treaty

[thomasgraham427]

Hi,

I have been married to my eu national partner for two and a half years now, we have been together for almost 4 and a half year and been living together for the same amount of time. He's been here for almost 11 years.

My first 2 years i was here on a working holiday visa and now on the EU residence card.

We moved in together in Feb 2009 and are still living together, he saved up loads of money and he want to go travelling for a while but as i am building on my career and can't just pack up and travel, i will however go and visit him time to time. He will also be travelling between the UK and where ever he want to go in the space he is gone. how will this effect my stay in the EU

We are still happily married and we aren't getting divorced

[Lucapooka]

Has he acquired permanent residence in the UK? Do you know what PR is? Living in the UK for 11 years may suggest that he has PR, but without knowing his history (of exercising treaty rights) it's not possible for us to say, and so it's something you have to determine for yourself.

[thomasgraham427]

Is PR something he must apply for or is it something that he qualifies for automatically?

[Directive/2004/38/EC]

He would qualify for PR automatically through 5 years of residence in the UK, e.g. 5 years of working here which ended after April 2006.

He could apply for a PR card to confirm that, but does not have to.

But depending on your status, it may be recommended that he apply for the PR confirmation. He could ask for the immediate return of his documents, and then he could travel.

He then needs to ensure he is not away from the UK for more than 2 years at a time to retain his PR.

[thomasgraham427]

thank you very much for the reply, this puts my mind at ease as i would never stand in his way to do something that makes him happy,

we have all his p60's and payslips for his entire working life in the UK, we also have a joint bank account we use and the house we live in and all the bills are on our both's name.

[Directive/2004/38/EC]

I would suggest he apply for the PR confirmation now and request his passport back. Useful for later in any case. And then he go off travelling and take me!

[thomasgraham427]

I have read up on a few other posts, and something came to my attention, seeing as my partner has been living in the UK for the last 11 years and have PR as he exercised his treaty rights.

Does it still mean even though i recieved my EU residence card in 2010 i still have to wait till 2015 before i can apply for my PR? or could i do it sooner?

[Directive/2004/38/EC]

When you applied for or received the RC does not matter. It is actually optional in any case.

If you were both in the UK when you got married, it would be 5 years from that date.