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permanent residence card (EU)

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

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Terra
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Posts: 2
Joined: Wed Feb 01, 2017 4:31 pm

permanent residence card (EU)

Post by Terra » Wed Feb 01, 2017 4:53 pm

I have been living in the UK since 2012 (on a temporary UK visa then on residence permits as a non-EU national). In 2016 I got a residence card of a family member of a Union Citizen valid for 5 years until 2021. My wife is an EU national living with me here in the UK. According to the rule (https://www.gov.uk/apply-for-a-uk-resid ... dence-card) "You can apply for a permanent residence card after you’ve lived in the UK for 5 years."

Question: can I apply for the permanent residence card after I lived in the UK for 5 years (i.e. in 2017) or should I wait until 2021 (i.e. 5 years after I got my residence card)? I think the rule should be interpreted in favour of the former. Many thanks.

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

Re: permanent residence card (EU)

Post by MrSlyFox » Wed Feb 01, 2017 5:03 pm

It's five years since you've been living in the UK with your EEA National Family member. The date you became their family or date they arrived in UK, if you were already family. A Non-EEA Residence card is based on their residence rather than yours.
Right of permanent residence

15.—(1) The following persons acquire the right to reside in the United Kingdom permanently—

(a)an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;

(b)a family member of an EEA national who is not an EEA national but who has resided in the United Kingdom with the EEA national in accordance with these Regulations for a continuous period of five years;
European Economic Area Regulations 2016:
http://www.legislation.gov.uk/uksi/2016 ... on/15/made

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: permanent residence card (EU)

Post by secret.simon » Wed Feb 01, 2017 5:04 pm

Terra wrote:wait until 2021 (i.e. 5 years after I got my residence card)?
5 years from date of marriage to the EEA citizen (if s/he was already living in the UK) or from date of arrival in the UK under the EEA Regulations (if married abroad and arrived in the UP as a married couple).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: permanent residence card (EU)

Post by noajthan » Wed Feb 01, 2017 5:26 pm

What has Union citizen sponsor been doing in UK since 2012?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Terra
Newly Registered
Posts: 2
Joined: Wed Feb 01, 2017 4:31 pm

Re: permanent residence card (EU)

Post by Terra » Thu Feb 02, 2017 12:30 pm

Many thanks for the above responses. Some more info on my case: My wife and I arrived to the UK as a married family, as non-EU nationals. We have been living in the UK all the time sine 2012. My wife got an EU citizenship in 2013. I got my RC in 2016 for 5 years. So, when should I start calculating a 5 year term: (1) from 2012 (when we both entered the UK as non-EU national on UK visas), (2) from 2013 (when my wife got an EU passport) or (3) from the date when I got my RC (2016). I hope it is (1) or (2).

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: permanent residence card (EU)

Post by noajthan » Thu Feb 02, 2017 12:33 pm

2013 if sponsor was a qp from that time (and both parties in UK).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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