Directive 2004/38/EC - Article 7

[tmonaghan]

Hello,

How long does it take for a EEA Citizen to acquire PR after marrying a British Citizen?
He is a Portuguese Citizen and I am a British Citizen and we have both been together for almost 5 years since October 2012. So I was wondering about the rules about marriage and PR between both EEA Citizens and British Citizens... I heard that after three years my spouse could apply for PR instead of waiting for five years. Is that correct?

Thank you,

Trevor

[MrSlyFox]

I think you are getting the period for naturalization with a British spouse and the time period for acquiring PR confused. People already settled with British Spouse (i.e. with PR for example) can naturalize after just three years residence instead of five. There is no such time reduction for acquiring PR with a British Spouse however.

There are some cases where you can acquire PR earlier than five years:
https://www.gov.uk/eea-registration-cer ... ence-early

Such as Permanent incapacity or retiring after working

[tmonaghan]

Thanks MrSlyFox

[tmonaghan]

Hello,

My partner worked for three months then was voluntary unemployed for three months and left the UK for four months. He never registered as a jobseeker when he first arrived in the UK because he was self-Sufficient.

European Economic Area nationals: qualified persons states the following on page 10
"An EEA national who has not entered the UK as a jobseeker but who is already
resident in the UK and becomes a jobseeker immediately after enjoying a right to
reside in another capacity (for example a student who ends their course of study and
looks for work) will have a right of residence as a jobseeker for 91 days (3 months.)
This is providing they are actively seeking work and have a genuine chance of being
engaged."

Could it mean that my partner could register this time as a jobseeker to re-enter the job market from receiving assistance from the JobCentre Plus to find a job instead of being again a Self-Sufficient person even if being a jobseeker lasts for three months? After all if he is entitled to be registered as a jobseeker and gained three months as a qualified person for being a jobseeker why not doing it if it is allowed?

The issue could be that he returns from abroad after four months even though he has been living in the UK for 1.5 years as a self sufficient person and as a worker for short period of times.

Absences from the UK
An absence of less than 6 months, or for up to 12 months for an important reason, will not break continuity of residence for the purposes of acquiring a right of permanent residence. Therefore the period does not restart when that person reenters the UK.

Thanks, Trevor

[noajthan]

Posts merged.
No need for multiple posts.

[tmonaghan]

Sorry noajthan, I don't understand what you meant

[noajthan]

Sorry noajthan, I don't understand what you meant

Kindly keep all your questions on your case in this topic - which is all about you/your background/your case.
Instead of posting a new topic for every question.