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Permanent RC 5 years count from when?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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hosok
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Posts: 42
Joined: Wed Mar 05, 2014 2:47 pm

Permanent RC 5 years count from when?

Post by hosok » Wed Mar 29, 2017 1:52 pm

Hi everyone, and thank you for your help in advance.

I am an EU citizen, moved to London, UK in July 2013 and applied for an NI number that month too.
I am a self-employed private tutor and had work immediately as I moved here, since then I have filled tax return for years 2013-2014, 2014-2015, 2015-2016 and soon 2016-2017 (just a few weeks away).
My wife (non-eu) and I got married in September 2013. She lived here with me beforehand but was not working since we were unsure if she's legally able to.
In October 2013 (a month after we got married) she went back to her home country and applied for an EEA family permit which was granted that same month. She re-entered the UK a few weeks later, late November 2013 and got a stamp on her passport right next to her EEA family permit.
We then applied for a 5-years temporary residency (EEA 2 if I am not mistaken) which was originally rejected but was re-considered and granted in March 2014.

Since then we have continued to live here without any absences, and we are both working.
I have a few questions and I'd be most thankful if you can kindly help me with those:

1. As far as I understand, I am eligible to apply for a permeant residency 5 years after I moved here, assuming I was a qualified person (which I was, as self-employed). Does that mean July 2018 is the time I can apply and no earlier than that?

2. regarding my wife, my understanding is that she has to live here for 5 years which in those I must have been a qualified person. My question is - 5 years from when? Is it from our marriage? from the time EEA family permit was granted? from the time of entry with EEA family permit or perhaps only from the issue of the temporary residency?

Obviously I hope the answer to question 2 isn't from the issue of the temporary residency as I'd like to apply for permanent residency for both of us before the UK leaves the EU (March 2019, exactly 5 years since my wife was granted her temp residency).

I appreciate your help. Thanks again :)

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Permanent RC 5 years count from when?

Post by MrSlyFox » Wed Mar 29, 2017 1:59 pm

Yes you are correct it's five years as a qualified person, your wife will only count from when she became your direct family member (unless she held a family permit or residence card prior to that as a extended family member) so that will be the day you got married in in the UK or the day you came to the UK if you married outside of the UK

hosok
Newbie
Posts: 42
Joined: Wed Mar 05, 2014 2:47 pm

Re: Permanent RC 5 years count from when?

Post by hosok » Wed Mar 29, 2017 2:11 pm

MrSlyFox wrote:Yes you are correct it's five years as a qualified person, your wife will only count from when she became your direct family member (unless she held a family permit or residence card prior to that as a extended family member) so that will be the day you got married in in the UK or the day you came to the UK if you married outside of the UK
I appreciate your response.
We got married in the UK, in September 2013.
So according to what you say - September 2018 will be the time we can both apply, correct?

Does it matter if she left in October 2013 for a month (I think she took a flight early in Oct 2013 and came back late November 2013, so maybe a month and a half) in order to achieve a family permit or is it definitely still 5 years from our marriage in September 2013?

As i mentioned, Family permit was granted in October and she got back here in November (both in 2013).

Thanks again! :D

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Permanent RC 5 years count from when?

Post by MrSlyFox » Wed Mar 29, 2017 2:15 pm

You can be absent for up to six-months per year or ONE absence of 12 months for important reasons (such as childbirth). So you are fine as you are both well under six months :)
Yes your fifth marriage anniversary your wife will acquire PR if you are still excusing treaty rights/you acquired PR after your five years as a QP

hosok
Newbie
Posts: 42
Joined: Wed Mar 05, 2014 2:47 pm

Re: Permanent RC 5 years count from when?

Post by hosok » Wed Mar 29, 2017 2:52 pm

MrSlyFox wrote:You can be absent for up to six-months per year or ONE absence of 12 months for important reasons (such as childbirth). So you are fine as you are both well under six months :)
Yes your fifth marriage anniversary your wife will acquire PR if you are still excusing treaty rights/you acquired PR after your five years as a QP
Great to know that! Thank you! I will be applying for a PR for both of us in October 2018 then, so well before the UK leaves the EU.
Sorry if I may sound a little ignorant but - is it harder to get PR then the temporary one? As far as I know you don't even have to get one, you automatically deserve a PR but the certificate makes it easier, and I'm assuming it'll definitely make it easier post leaving the EU in 2019..?

thanks again!

MrSlyFox
Member
Posts: 215
Joined: Sun Nov 06, 2016 2:58 pm

Re: Permanent RC 5 years count from when?

Post by MrSlyFox » Wed Mar 29, 2017 4:03 pm

Yes you acquire PR automatically, You will just be applying for a document to prove your PR.
I'd say it would be harder because you have to have enough evidence cover five years instead of just the current period for a Resignation certificate or residence card. So much sure you keep your documents in a safe place so they are ready to be used when you apply.

hosok
Newbie
Posts: 42
Joined: Wed Mar 05, 2014 2:47 pm

Re: Permanent RC 5 years count from when?

Post by hosok » Wed Mar 29, 2017 9:21 pm

MrSlyFox wrote:Yes you acquire PR automatically, You will just be applying for a document to prove your PR.
I'd say it would be harder because you have to have enough evidence cover five years instead of just the current period for a Resignation certificate or residence card. So much sure you keep your documents in a safe place so they are ready to be used when you apply.
such as tax returns, bank statements and marriage certificate or anything else?

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