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ashrafman wrote: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
[/quote]bobobo wrote:but if you send it a few months before HO might send the docs back
Jambo wrote: 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.
Jambo wrote: 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.
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 wrote: what will happen if I apply before completing the 5 years? beside the HO may send my file back.
Jambo wrote: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 wrote: what will happen if I apply before completing the 5 years? beside the HO may send my file back.
Jambo wrote: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 wrote: what will happen if I apply before completing the 5 years? beside the HO may send my file back.
reda wrote:Jambo wrote: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 wrote: what will happen if I apply before completing the 5 years? beside the HO may send my file back.Jambo wrote: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 wrote: what will happen if I apply before completing the 5 years? beside the HO may send my file back.
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).
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.Kitty wrote: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,Kitty wrote: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.
someone please helpAprilcool wrote: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.Kitty wrote: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.
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.
Please someone say something. I really need the advice. ThanksAprilcool wrote:someone please helpAprilcool wrote: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.Kitty wrote: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.
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.
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.nonspecifics wrote: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.)