Am I overdue PR?

Hi guys,

I have been thinking lately whether or not I am overdue a PR. I hope you guys will be able to help advice on what necessary steps should be taken.

Here is my situation in brief:

1- I was residing in UK illegally before I met my wife in Summer 2008
2- UKBA arrested me in 2009 (I think). So after (late 2010 I think) I applied for CoA to marry which wasn't issued for a year until 2011.
3- Wife was working since arrival but for a period her employers didn't put her on the tax and ni- system; eventually started self employment and registered with HMRC around Jan 2010
4- CoA issue and married in April 2011
5- RC issued soon after in July and expires in 2016

My understanding and intention was to apply for PR on our 5th Anniversary. However I have been thinking that I may have qualified from when she began self employement due to the fact that we were already in a relationship before then. In addition, my application to obtain CoA to marry took too long, I think it took 6 month more beyond the deadline.

So guys, based on this information do you think I have qualified for PR and how can I move on from here?

I look forward to your advice and I will answer questions that may help you offer the best advice.

Thank you

g722199 wrote:Hi guys,

I have been thinking lately whether or not I am overdue a PR. I hope you guys will be able to help advice on what necessary steps should be taken.

Here is my situation in brief:

1- I was residing in UK illegally before I met my wife in Summer 2008
2- UKBA arrested me in 2009 (I think). So after (late 2010 I think) I applied for CoA to marry which wasn't issued for a year until 2011.
3- Wife was working since arrival but for a period her employers didn't put her on the tax and ni- system; eventually started self employment and registered with HMRC around Jan 2010
4- CoA issue and married in April 2011
5- RC issued soon after in July and expires in 2016

My understanding and intention was to apply for PR on our 5th Anniversary. However I have been thinking that I may have qualified from when she began self employement due to the fact that we were already in a relationship before then. In addition, my application to obtain CoA to marry took too long, I think it took 6 month more beyond the deadline.

So guys, based on this information do you think I have qualified for PR and how can I move on from here?

I look forward to your advice and I will answer questions that may help you offer the best advice.

Thank you

What is your nationality?
What is wife's nationality?

If wife is an EEA national but was not working legally until 2010 then her verifiable PR clock won't have started until 2010.

If you are a non-EEA national resident (in UK) on the basis of being a dependent family member then your status & residency in UK will depend on your wife's status.

Your PR clock will have started on date of marriage.
You may have acquired PR by your 5th wedding anniversary.
Unlikely beforehand as you are unlikely to have proof of establishing a durable relationship starting immediately from the day that you met.
This assumes a number of things, including: UK remains in EU for forseeable future; your wife continues to exercise treaty rights in UK as a qualified person, etc.

If you wish to you can assemble any/all documentary evidence to support an application of confirmation of PR (as per offficial guidance);
suggest applying on or after you reach your 5th wedding anniversary.

Thank you noajthan,

What is your nationality?
What is wife's nationality?

Nigerian
German

What is the criteria to prove durable relationship? Is it being in a relationship for 2 years which doesn't necessarily mean a relationship is durable than one that began 3 or 6 months ago.

Also I suppose my relationship with my wife was durable enough for HO to issue a CoA to marry and evidence of relationship was provided then and I am sure we may still be able to find this evidence. Doesn't this counts as a durable relationship and won't this period from 2010 count towards PR? If not, why?

In addition, wife as completed 5 years and still continues to work.

Thank you

A durable relationship for immigration purposes is considered to be one where the couple have been 'co-habiting' in a relationship akin to marriage. Arguably for 2 years although this is contestable under EU Regulations but more stringent under UK Immigration Rules.

If you were cohabiting before marriage with your German wife and you have documents to prove it (joint bank accounts, joint bills to the same address, etc), it may be possible to argue that the durable relationship was subsisting since then and that you may be eligible for PR based on five years since then.

But it is by no means certain that the Home Office will agree with such an interpretation and you could be refused a PR card. But then you are gambling only £65.

g722199 wrote:Also I suppose my relationship with my wife was durable enough for HO to issue a CoA to marry and evidence of relationship was provided then and I am sure we may still be able to find this evidence. Doesn't this counts as a durable relationship and won't this period from 2010 count towards PR? If not, why?

In addition, wife as completed 5 years and still continues to work.

Thank you

There's a more stringent set of HO criteria for proving a durable relationship compared to initial existence of a relationship.

So applying logic & assuming HO will apply logic (rather than their rules) may not fly.

It will probably be more straightforward to demonstrate & prove dependency as a family member who is a spouse.

I suspect its unlikely HO will accept your PR clock started before date of marriage in 2011.

Thank you for commenting casa, secret.simon and again noajthan, I appreciate every input.

I guess I'd rather wait 7 more month to fire-through my application for PR. Surely there are a lot to keep my mind off counting the number of days until my 5th anniversary .

I like to ask, is HO legally able to confirm if I have acquired PR, if I write to them just to enquire about my status?

There's one other thing I will like to ask before opening a new thread on a different issue.

Here on this forum I (but can't find it again). I noticed people discussing that, in a straight forward application for PR, there's no requirement to complete the odd 100 pages long EEA application form. Just a note to explain the situation and all relevant document, biometrics and application fee is required.

Can you guys please confirm if this is correct and are there feedbacks from a member of this forum that has successfully done the same? I'll be happy to take this route and not having to fill the form in block letters.

Hello guys,
Kindly look into my further enquires and respond please.

Thank you