need help with Permanent resident

hi all,
i need some help with myself as all the websites makes me so confuse, i am non -EEA member and i came to UK in dec 2005 on a student visa, i met my partner in april 2006 who is EEA national, we been together in june 2006 and since then we been living together, we did civil partnership in april 2007. i already have resident documents for 5 years which will explire in 2012.
all i am wondering that according to law it states that for you to qualify for permanent resident you should be in UK for last 5 years, so i will be in UK for 5 years in dec 2010, does that mean i can apply for permanent resident or does it means that my time in uk starts when i move in with partner or when we had civil partnership.

can someone explain this to me ...
one more thing once i get my answer for the above question, i am wondering that when i can apply for naturalization...once i get my permanent resident...

bangash wrote:hi all,
i need some help with myself as all the websites makes me so confuse, i am non -EEA member and i came to UK in dec 2005 on a student visa, i met my partner in april 2006 who is EEA national, we been together in june 2006 and since then we been living together, we did civil partnership in april 2007. i already have resident documents for 5 years which will explire in 2012.
all i am wondering that according to law it states that for you to qualify for permanent resident you should be in UK for last 5 years, so i will be in UK for 5 years in dec 2010, does that mean i can apply for permanent resident or does it means that my time in uk starts when i move in with partner or when we had civil partnership.

can someone explain this to me ...
one more thing once i get my answer for the above question, i am wondering that when i can apply for naturalization...once i get my permanent resident...

Hi Bangash

Your 5 years time started when you start living with you partner in june 2006 you can apply for the PR after 5 continuous years mean after June 2011 you may be asked to provide some evidence.

For the british citizenship when you get your PR you need to wait 1 year and then after you can give it ago to apply for it.

good luck

bangash wrote:hi all,
i need some help with myself as all the websites makes me so confuse, i am non -EEA member and i came to UK in dec 2005 on a student visa, i met my partner in april 2006 who is EEA national, we been together in june 2006 and since then we been living together, we did civil partnership in april 2007. i already have resident documents for 5 years which will explire in 2012.
all i am wondering that according to law it states that for you to qualify for permanent resident you should be in UK for last 5 years, so i will be in UK for 5 years in dec 2010, does that mean i can apply for permanent resident or does it means that my time in uk starts when i move in with partner or when we had civil partnership.

can someone explain this to me ...
one more thing once i get my answer for the above question, i am wondering that when i can apply for naturalization...once i get my permanent resident...

Hi Bangash

Your 5 years time started when you start living with you partner in june 2006 you can apply for the PR after 5 continuous years mean after June 2011 you may be asked to provide some evidence.

For the british citizenship when you get your PR you need to wait 1 year and then after you can give it ago to apply for it.

good luck

noble72uk wrote:

bangash wrote:hi all,
i need some help with myself as all the websites makes me so confuse, i am non -EEA member and i came to UK in dec 2005 on a student visa, i met my partner in april 2006 who is EEA national, we been together in june 2006 and since then we been living together, we did civil partnership in april 2007. i already have resident documents for 5 years which will explire in 2012.
all i am wondering that according to law it states that for you to qualify for permanent resident you should be in UK for last 5 years, so i will be in UK for 5 years in dec 2010, does that mean i can apply for permanent resident or does it means that my time in uk starts when i move in with partner or when we had civil partnership.

can someone explain this to me ...
one more thing once i get my answer for the above question, i am wondering that when i can apply for naturalization...once i get my permanent resident...

Your 5 years time started when you start living with you partner in june 2006 you can apply for the PR after 5 continuous years mean after June 2011 you may be asked to provide some evidence.

I don't think this is right. Just living together is not enough, you also need to be family member of EU national, which you became in April 2007.
Additionally your EU partner need to exercise Treaty Rights over this period.

My take is that the earliest you can qualify for PR is April 2012.

I concur with BLK235. The OP had to have been a family member by law (marriage, CP) or the unmarried partner of a EU national confirmed to be so (by the issuance of a RC) for the residence clock to begin ticking.

Other view points welcome...

i am still confuse, so who is right then........any more ideas on this topic please..........

bangash wrote:i am still confuse, so who is right then........any more ideas on this topic please..........

From the time your recieved your EEA residence card. If you've never applied for one then you are still on your previous student visa.

my resident permit was issued to me on 27th september 2007 and its gona expire on 24 september 2012,

so it means my 5 years will finish at the end of septemper,
and from the time i moved on with my partner untill we got married will not be countable then,

what about our civil partnership, will this does not make a difference, which was april 2007.

if i have to find more info in detail, who i need to contact, i been told to go to advise beuro.....

bangash wrote:my resident permit was issued to me on 27th september 2007 and its gona expire on 24 september 2012,

so it means my 5 years will finish at the end of septemper,
and from the time i moved on with my partner untill we got married will not be countable then,

what about our civil partnership, will this does not make a difference, which was april 2007.

if i have to find more info in detail, who i need to contact, i been told to go to advise beuro.....

Are you a same-sex couple?

its clearly stated, yes we r, we had civil partnership

bangash wrote:its clearly stated, yes we r, we had civil partnership

OK, it's just a lot of people confuse civil partnership with civil marriage ie Registry Office.

any more review.

just wondering will it help if my partner who is IRISH apply for Permanent Resident along with my application, will this help in my application process quickly before my 5 years waiting time or i have to wait for my 5 years to finish in this country,
my partner(irish) came to UK on March 2005.so he is already in this country for more then 5 years and he has been employed all this time.
any advise.

the only reason i want todo it as we plan to go anywhere i have to apply for visa all the time which is alot of trouble, as i always have to submit my documents and this is proving to be a headace.

bangash wrote:any more review.

Hi

please check these links as I've told you maybe have the right to apply when you can prove that you have resided with the EEA for continuous 5 years and may other opinions are right as well, these is UK regulations

This is European Casework Instructions updated 4 June 2010.
http://ukba.homeoffice.gov.uk/siteconte ... dlaw/ecis/

this check :Permanent right of residence 15. —(1) A and B
http://www.opsi.gov.uk/si/si2006/20061003.htm

check CHAPTER 6 PERMANENT RESIDENCE
http://ukba.homeoffice.gov.uk/siteconte ... iew=Binary


you will find all the answers are under UK regulation according to directive 2004/38/EC


Regards

You will qualify to apply for PR in April 2012.

When you first started living with your partner, you would most likely not have met the requirement to qualify for residence card on the basis of durable relationship. As it could be safely concluded you have not lived as a couple for a period of 2 years.

Unfortunately, the time you spent as a cohabiting couple before the Civil partnership was initiated will not count at all.

The reason is that Extended family member, according to UK law, (It is important to specify, UK law as opposed to EU community law) are not considered family members until a residence card has been issued.

The UK authorities insist it is family members who have right of Permanent residence and not Extended family member, which you would have been before the civil partnership was tied.

On the basis of this presumed flawed interpretation, you will not qualify for PR till Spring 2012.

thanks for all the help,
it was really nice of you all to help me with my satuation.

i am now clear
i will apply for PR in March 2012 then.
well say
patients is a virtue.