Good day everyone!
This is an amazingly useful forum! I have read a lot of the topics but I think I have quite a complex situation here so was hoping Gurus could help?
My situation is:
March 2010 - My EEA partner (Hungarian) arrived in the UK to study and has been exercising Treaty rights ever since (mixture of employed, self-employed and studies). We also have a letter from Hungary confirming National Health Insurance paid in Hungary so hopefully comply with insurance requirement during the studying periods.
April 2011 - we got married in Hungary. I'm a non-EEA national (Ukraine)
August 2011 till October 2011 - he was away from the UK in Hungary for our honeymoon
October 2011 - we both arrived in the UK (myself under Tier1) and started working.
July 2012 - EEA Family member Residence Permit obtained for myself (switched from Tier 1)
My plan is:
In August 2015 - my EEA husband to apply for PR (even though he automatically obtained his PR in March 2015) just to speed up the process for BC application in March 2016.
March 2016 - My EEA husband to apply for BC with PR (PR will be held for less than 12 months but I will add extra documents to confirm he has been exercising Treaty rights since March 2010)
April/May 2016 - hopefully receive BC for my EEA husband
October 2016 - myself (EEA family member) - apply for PR as I assume only at this point I have been in the UK with my EEA family member for 5 years?
Once PR received I will hopefully apply for my BC streightaway as by that point my EEA husband would have received his BC so I can skip the 12 months PR holding requirement.
My questions are:
1. Is there any way I can apply for BC with my husband in March 2016? I wouldn't have lived in the UK for 5 years at that point though, only for 4 years and 5 months. But does 3 years rule doesn't apply here?
2. Or maybe I can apply in April 2016 as my EEA family member was exercising Treaty rights for 5 years by that point and we have been married for 5 years as well but I haven't been physically in the UK by that point? One point to add to this is I have gone to see my husband in the UK in March 2011 so not sure if this date can count as my first arrival in the UK (under Tier 1)? But we weren't married at that point, just dating.
3. Or do I really have to wait until October 2016 to apply as this is the true point at which I have been in the UK for 5 years (with EEA family member exercising Treaty rights) but I don't need to wait for another 12 months as my EEA family member would have obtained BC at that point? Would I apply for PR or BC?
Thank you everyone!
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