when can i apply for the permnant resident

[ashrafman]

Hi every one
Could someone advice me about when shall i apply for the permnant resident?
I married in 20 march 2007 to eea member
I got 5 years resident card
Can i apply for my permnant in january 2012 or i have to wait till 20 of March because someone told me that i can send my documents 2months before the 5 years finished.
Is it true?

Regards

[Jambo]

Did you marry in the UK? If not, when did you enter the UK as married to EeA national?

You need to send the application after completing the 5 years under EEA regulations. Not earlier. You have a valid RC. What's the rush?

[bobobo]

Maybe a few days before is fine but if you send it a few months before HO might send the docs back as they have improved the application turnaround times and check the application before putting it in a queue now. Maximum a week before is good enough and should take about 3 months to process wrt timelines given ny people and my own experience

Hi every one
Could someone advice me about when shall i apply for the permnant resident?
I married in 20 march 2007 to eea member
I got 5 years resident card
Can i apply for my permnant in january 2012 or i have to wait till 20 of March because someone told me that i can send my documents 2months before the 5 years finished.
Is it true?

Regards

[ashrafman]

Thanks every one for replying

I married in uk
I don't know why my solicitor adviced me to send 2 months earlier.

Regards

[reda]

but if you send it a few months before HO might send the docs back

[/quote]
it all what going to happen! I mean nothing serious you can reapply later when you complete your 5 years,as far as my understanding the first check is not tight so you may pass that
in my case I try to include the time before the day of wedding (we were together one year before marriage) at least for pass the first check, I will complete 5 years by the time my file will be with the caseworker,what do you think about that guys?.

[Jambo]

I fail to understand what's the rush to get the PR confirmation that you cant wait for a couple of months. It is just a confirmation. The date on the sticker is not the date you acquired PR. It is just the date the sticker was issued. If it is BC application you have in mind, then you can apply on the 6th anniversary regardless when the PR sticker was issued. You have a valid RC so no reason to rush. Apply when you complete the 5 years.

[reda]

If it is BC application you have in mind, then you can apply on the 6th anniversary regardless when the PR sticker was issued. You have a valid RC so no reason to rush. Apply when you complete the 5 years.

is a big difference in my case,I retained my right of residence after divorce,if I apply 3-2 months before I complete the 5 years,the PR sticker will be on my passport shorty after I compete the 5 years(hopefully no more than one month) so when time come for apply for Citizenship,i won't need my ex documents again who knows if she going to help me that time,the other side in case may the law change 2-3 month before I complete one year after the PR sticker was issued so I think even one day count for me


what will happen if I apply before completing the 5 years? beside the HO may send my file back.

[reda]

If it is BC application you have in mind, then you can apply on the 6th anniversary regardless when the PR sticker was issued. You have a valid RC so no reason to rush. Apply when you complete the 5 years.

is a big difference in my case,I retained my right of residence after divorce,if I apply 3-2 months before I complete the 5 years,the PR sticker will be on my passport shorty after I compete the 5 years(hopefully no more than one month) so when time come for apply for Citizenship,i won't need my ex documents again who knows if she going to help me that time,the other side in case may the law change 2-3 months before 1year after the PR sticker date, so I think even one day count for me


what will happen if I apply before completing the 5 years? beside the HO may send my file back.

[Jambo]

what will happen if I apply before completing the 5 years? beside the HO may send my file back.

Nothing really. You can reapply again and your current RC will still be valid. You should also take into account that if you send early and the application reaches the caseworker shortly after your 5 years, he can still refuse the application as the evidence you will provide would only cover 4 years and 10 months. In that case, until you get the refusal with your documents and reapply, two or three months could have passed.

[reda]

what will happen if I apply before completing the 5 years? beside the HO may send my file back.

Nothing really. You can reapply again and your current RC will still be valid. You should also take into account that if you send early and the application reaches the caseworker shortly after your 5 years, he can still refuse the application as the evidence you will provide would only cover 4 years and 10 months. In that case, until you get the refusal with your documents and reapply, two or three months could have passed.

what will happen if I apply before completing the 5 years? beside the HO may send my file back.

Nothing really. You can reapply again and your current RC will still be valid. You should also take into account that if you send early and the application reaches the caseworker shortly after your 5 years, he can still refuse the application as the evidence you will provide would only cover 4 years and 10 months. In that case, until you get the refusal with your documents and reapply, two or three months could have passed.

but i hear somewhere that the caseworker should consider(keep it there till time for apply reach) your application if is no more than one month from your 5 years compete, the other side if i send my application 2 months early sure my application will be with caseworker after i complete the 5 years (from the date i send application to reach the caseworker take more than 2 months).

[reda]

what will happen if I apply before completing the 5 years? beside the HO may send my file back.

Nothing really. You can reapply again and your current RC will still be valid. You should also take into account that if you send early and the application reaches the caseworker shortly after your 5 years, he can still refuse the application as the evidence you will provide would only cover 4 years and 10 months. In that case, until you get the refusal with your documents and reapply, two or three months could have passed.

what will happen if I apply before completing the 5 years? beside the HO may send my file back.

Nothing really. You can reapply again and your current RC will still be valid. You should also take into account that if you send early and the application reaches the caseworker shortly after your 5 years, he can still refuse the application as the evidence you will provide would only cover 4 years and 10 months. In that case, until you get the refusal with your documents and reapply, two or three months could have passed.

but i hear somewhere that the caseworker should consider(keep it there till time for apply reach) your application if is no more than one month from your 5 years compete, the other side if i send my application 2 months early sure my application will be with caseworker after i complete the 5 years (from the date i send application to reach the caseworker take more than 2 months).

[Punjab]

Did you marry in the UK? If not, when did you enter the UK as married to EeA national?

Morning Jambo could you please tell us whats the rule of having PR if you were married out side the UK and your partner is EU?

Many Thanks

[Kitty]

Punjab, it's a question of when you start counting the 5-year period leading to PR.

If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is already in the UK and the non-EEA family member enters with a Family Permit).

If the couple are already in the UK and then get married here, then the clock starts on the date of the wedding.

[Punjab]

Thanks Kitty for your help.

Punjab

[Aprilcool]

Punjab, it's a question of when you start counting the 5-year period leading to PR.

If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is already in the UK and the non-EEA family member enters with a Family Permit).

If the couple are already in the UK and then get married here, then the clock starts on the date of the wedding.

hi kitty my situation is similar to what you described above but i am becoming so confused. but will be grateful if members ofthe board can give advice please. my story.

married german husband in africa in april 7th 2007
left africa for germany as i still had valid visiting visa in the same month
travelled by car to uk with husband showing marriage certificate as proof of relationship on april 27th 2007
applied for rc in dec 2007 and rc issued in sept 2008.
2012 husband petitioned for divorce and decree nisi has been pronounced.
when exactly do i apply for permanent residence as we both have been working except for few gaps which is not upto 3months.

[lawwy]

Punjab, it's a question of when you start counting the 5-year period leading to PR.

If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is already in the UK and the non-EEA family member enters with a Family Permit).

If the couple are already in the UK and then get married here, then the clock starts on the date of the wedding.

Hello Punjab,
Thank you for this important point. May I ask please, is this an EU Law or British Immigration Law? Any consideration for the lenght of Marriage(as an added advantage) towards the PR if both enter the UK together if marriage took place outside UK.
Will really appreciate a quick response also from members.

[Aprilcool]

Punjab, it's a question of when you start counting the 5-year period leading to PR.

If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is already in the UK and the non-EEA family member enters with a Family Permit).

If the couple are already in the UK and then get married here, then the clock starts on the date of the wedding.

hi kitty my situation is similar to what you described above but i am becoming so confused. but will be grateful if members ofthe board can give advice please. my story.

married german husband in africa in april 7th 2007
left africa for germany as i still had valid visiting visa in the same month
travelled by car to uk with husband showing marriage certificate as proof of relationship on april 27th 2007
applied for rc in dec 2007 and rc issued in sept 2008.
2012 husband petitioned for divorce and decree nisi has been pronounced.
when exactly do i apply for permanent residence as we both have been working except for few gaps which is not upto 3months.

someone please help

[Aprilcool]

Punjab, it's a question of when you start counting the 5-year period leading to PR.

If the EEA national and non-EEA national are married outside the UK then the clock starts ticking at the point when both parties are first in the UK at the same time (e.g. they enter together, or the EEA national is already in the UK and the non-EEA family member enters with a Family Permit).

If the couple are already in the UK and then get married here, then the clock starts on the date of the wedding.

hi kitty my situation is similar to what you described above but i am becoming so confused. but will be grateful if members ofthe board can give advice please. my story.

married german husband in africa in april 7th 2007
left africa for germany as i still had valid visiting visa in the same month
travelled by car to uk with husband showing marriage certificate as proof of relationship on april 27th 2007
applied for rc in dec 2007 and rc issued in sept 2008.
2012 husband petitioned for divorce and decree nisi has been pronounced.
when exactly do i apply for permanent residence as we both have been working except for few gaps which is not upto 3months.

someone please help

Please someone say something. I really need the advice. Thanks

[nonspecifics]

To Aprilcool

As things currently stand, If treaty rights were being exercised within three months of entering the UK, permanent residence would probably be acquired on 26 April 2012.

The reason being you were already a family member ( spouse) before entering the UK, so the clock starts counting when you enter the UK with your EEA spouse.

For the first three months it is assumed treaty rights are being exercised, after three months proof will be required.

If not exercising treaty rights by the end of the three months, the 5-year clock would start when the EEA can prove they started exercising treaty rights in the UK ( and you also prove you were in the UK with them as family member.)

[Aprilcool]

To Aprilcool

As things currently stand, If treaty rights were being exercised within three months of entering the UK, permanent residence would probably be acquired on 26 April 2012.

The reason being you were already a family member ( spouse) before entering the UK, so the clock starts counting when you enter the UK with your EEA spouse.

For the first three months it is assumed treaty rights are being exercised, after three months proof will be required.

If not exercising treaty rights by the end of the three months, the 5-year clock would start when the EEA can prove they started exercising treaty rights in the UK ( and you also prove you were in the UK with them as family member.)

Thank you so much for your advice. I can confirm that spouse exercised rights from July 2007 and he has promised to give me all his payslips and p60 ( but not passport) when needed.