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If EEA National wife will get PR what will be nonEEA status

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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vndpag
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If EEA National wife will get PR what will be nonEEA status

Post by vndpag » Mon Jul 23, 2012 10:34 pm

HI Gurus, Seniors, Moderators

Thank you for the creator of this platform and it is extremely helpful for the people who is looking for immigrations advice and I personally benefited with this forum. I have queries regarding my status please see below and kindly give your advice and feedback on this query

I have 5 years resident permit which expires in October 2016 but my wife (EEA National) she will be complete her fiver years in October 2014 so I am wondering if my wife will apply PR in 2014 what will be my status once EEA national acquire PR ? will I have to wait 2016 to get PR status for my self. Or it will better if we apply same time using EEA3 and EEA4. we both came to UK in October 2009 but I was student from 2009 to 2011 and got resident permit in October 2011.

I know it is bit too early to discuss but just reading post and new information on UKBA website got confused and have curiosity to know more about the EEA immigration rule and I would like to plan for my future to avoid any disappointment.

Thank you to all
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

Jambo
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Post by Jambo » Mon Jul 23, 2012 10:55 pm

When did you get married? Did you live together (married or not married) since you came to the UK?

It is possible for the EEA national to have obtained PR while the non-EEA national has not if the non-EEA has not completed 5 years under the EEA regulations (5 years under the EEA regulations doesn't mean 5 years with a Residence Card. The date on the RC is irrelevant).

mcovet
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Post by mcovet » Mon Jul 23, 2012 11:25 pm

If ur wife obtains PR in 2014, for u to be legal in the country after that she wont have to work, u can then live in accordance with Regulation 14(2) which say that u have an extended right of residence as a family member of a qualified person (worker etc) OR a PR holder. So it'd be fewer requirements for u to satisfy.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jul 24, 2012 12:08 am

mcovet wrote:So it'd be fewer requirements for u to satisfy.
Actually there are no requirements that the non-EU spouse has to satisfy, other than that they are married to the EU citizen. So the spouse getting PR does not change anything for the non-EU citizen.

PR does reduce the requirements for the EU citizen. They no longer are required to work or otherwise exercise their treaty rights.

vndpag
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Posts: 126
Joined: Mon Aug 22, 2011 6:31 pm
Location: London
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Thank you for your reply

Post by vndpag » Tue Jul 24, 2012 8:55 am

Hi Jambo,Mcovet, Directive,

Thank you all to your valuable feedback now I understand that if EEA citizen (My wife) acquire PR 2014 she will no need to show excise treaty right in UK ? why I am asking because we are planning for children and I don't want to my wife work hard and take care the children too because her job is more physical and I want her to take care children at home because I can manage the rent, food, all bills and other expenses with my salary. So I am wondering if she stop working after 2014 I can apply PR in 2016 once my resident permit due to expire ? or still do I need to show her excise treaty right in UK as employee in 2016 ?

Please see below detail

1) I non EEA arrived in UK September 2009 ( on Student Visa valid October 2011 )
2) My wife EEA arrived in UK October 2009 (As a Employee )
3) We mate and relationship start from December 2009
4) Start Living together in February 2011 after we know closely each other
5) Married in July 2011
6) Resident permit and EEA1 received October 2011
7) Living together Feb 2011 to till now
8) Planning for children in 2014.

Thank you and looking for feedback on this topic
EEA1 & EEA2 Application sent on 26/07/2011
Received by Home Office 27/07/2011
EEA1 and COA Received in one pack 23/09/2011 (Dated 01/09/2011)
Resident Card 18/10/2011

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 9:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Jul 24, 2012 11:45 am

If you have a job and can support you all, your wife could also stop working today. But you will first need to arrange what is called CSI, Comprehensive Sickness Insurance.

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