Do I need to apply for Permanent Residence?

fmdddv · Post by **fmdddv** » Sun Dec 11, 2011 1:29 am

Hi all,

I am French and I have resided in the UK for over 17 years. I am married to a non-eea. Recently our son was granted a British passport as he was born here and I was able to demonstrate that I had exercised treaty rights for at least 5 continuous years. My question is, do I still need to apply for permanent residence? It never occurred to me to apply for it before as I do not intend on naturalising as a British citizen. But now that our son is British, is it safer to acquire PR and do I take the route of eea3 or another route?

Thanks before hand for any replies.

fysicus · Post by **fysicus** » Sun Dec 11, 2011 3:16 am

There is no need for you to do anything, but it can make life a little bit easier to have your PR confirmed, for example to get a British passport for any future children.
In fact, with the procedure for your son's British passport you have demonstrated that you meet all requirements for PR, which also means you have already acquired it automatically, so the application to get the confirmation document will be purely a formality.

fmdddv · Post by **fmdddv** » Wed Dec 14, 2011 10:03 pm

Thank you...I'll do just that...

fysicus · Post by **fysicus** » Fri Dec 16, 2011 10:24 am

Fine, and fyi: EEA3 is the application form to use indeed.

What is the current immigration status of your spouse? If he/she is here with you for more than five years already, he/she can also apply for PR using form EEA4.

fmdddv · Post by **fmdddv** » Fri Dec 16, 2011 11:46 am

Actually, after a long battle of 2.5 years with the UKBA, he was just granted his resident permit as the family member of an EEA. We have been married for 2.5 years but have been together much longer. Will he have to wait another 5 years before applying for PR? Or is it just another 2.5 years?

Thanks very much for taking the time to help...

fysicus · Post by **fysicus** » Fri Dec 16, 2011 12:42 pm

In that case, the five year period starts on the date of marriage or date of entry to UK, which ever is the latest. The dates on the Residence Card are irrelevant.
So I suppose PR for your husband will come after 2.5 years from now.

fmdddv · Post by **fmdddv** » Fri Dec 16, 2011 1:35 pm

That's really good to hear...I hope the process won't be as stressful as and much faster than his eea2 application. What is the success rate on PR for non EEAs?

Immigrationboards.com: Immigration, work visa and work permit discussion board

Do I need to apply for Permanent Residence?

Do I need to apply for Permanent Residence?