EEA PR application - 5 years time period

[eea2raheem]

Hi All,

I am Non-EEA national living in UK with my wife (EEA national) since Jul-2011 and I have EEA-RC which will be expired on Mar-2017.

My wife is planning to apply for PR in Aug-2016 as she completed her 5 years residence in UK. But she don't have RC card as it is optional for EEA nationals.

Q1) So the first questions is can she (EEA national) apply for PR in Aug-2016 without having 5 years RC card?

Come to my next question:

We married in Jan-2011 and I came to UK in May-2011 on Tier-2 visa and my wife joined me in Jul-2011 and we are living together in UK.

After 5 months I have applied for my Non-EEA RC card in Dec-2011 and I have received 5 years RC in Mar-2012.

So I had spent first five month in UK on Tier-2 visa with my wife before applying Non-EEA RC card on Dec-2011.

My questions is on continues period of 5 years to apply for PR.

Q2) As I am living with EEA national from Jul-2011, Can I apply PR along with my wife on Aug-2016?

Q3) Does my 5 years period start from Dec-2011 when I applied for Non-EEA RC card?

Q3) Does my 5 years period start from the date which stated on RC Mar-2012?

Please answer my questions as soon as possible and let me know if anything is not clear.

Thanks,
Abdul

[Obie]

Your Clock starts from the time your wife commence exercise of treaty rights, which is July 2011.

[noajthan]

Hi All,
...

Q1) So the first questions is can she (EEA national) apply for PR in Aug-2016 without having 5 years RC card?

Come to my next question:

We married in Jan-2011 and I came to UK in May-2011 on Tier-2 visa and my wife joined me in Jul-2011 and we are living together in UK.

After 5 months I have applied for my Non-EEA RC card in Dec-2011 and I have received 5 years RC in Mar-2012.

So I had spent first five month in UK on Tier-2 visa with my wife before applying Non-EEA RC card on Dec-2011.

My questions is on continues period of 5 years to apply for PR.

Q2) As I am living with EEA national from Jul-2011, Can I apply PR along with my wife on Aug-2016?

Q3) Does my 5 years period start from Dec-2011 when I applied for Non-EEA RC card?

Q3) Does my 5 years period start from the date which stated on RC Mar-2012?

Please answer my questions as soon as possible and let me know if anything is not clear.

Thanks,
Abdul

1) Your wife has to have been exercising treaty rights continuously for 5 years, as a qualified person, in order to acquire PR automatically.
When she has done this she can apply for confirmation of PR.

If that state occurs by August, and wife has adequate documentary supporting evidence, then apply in August.

This is assuming any absences from UK were within prescribed limits (in order to maintain continuity of residence).

2) Yes. On same form.

Assuming wife has been exercising rights as qualified person all this time.
I.e.you are relying on spouse as your sponsor; (nothing to do with previous visa).

And assuming any absences from UK within prescribed limits.

3) No.

second # 3) No.

[eea2raheem]

Thanks Guys.

Yes she is working in all 5 years. I hope they don't change any rules after referendum.