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Shall i apply for Permanent Residence?

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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manco
Newly Registered
Posts: 14
Joined: Tue Jan 14, 2020 11:12 pm
Poland

Shall i apply for Permanent Residence?

Post by manco » Tue Jan 14, 2020 11:36 pm

Hi,
I am non-Eu family member of Eu citizen. We married in June 2015 but had a baby in January 2015, this automatically means we were together for at least a year before the baby was born. But don't have proof of co-habitation.

I would like to ask mods what shall i do in this situation?

Eu partner holds PR status.

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Shall i apply for Permanent Residence?

Post by secret.simon » Tue Jan 14, 2020 11:41 pm

manco wrote:
Tue Jan 14, 2020 11:36 pm
this automatically means we were together for at least a year before the baby was born. But don't have proof of co-habitation.
That's irrelevant.

Your clock for PR starts either from the date of marriage or the date of grant of Residence Card (for unmarried couples). Time together, even in co-habitation, before these two events does not count.
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.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Shall i apply for Permanent Residence?

Post by kamoe » Wed Jan 15, 2020 11:59 am

manco wrote:
Tue Jan 14, 2020 11:36 pm
Hi,
I am non-Eu family member of Eu citizen. We married in June 2015 but had a baby in January 2015, this automatically means we were together for at least a year before the baby was born. But don't have proof of co-habitation.

I would like to ask mods what shall i do in this situation?

Eu partner holds PR status.
Assuming you and your partner have been continuously residing in the UK since your marriage started, the more straightforward thing for you to do could be:

1. Have your partner apply for Settled Status any time now
2. With your partner's Settled Status application number at hand, apply for Settled Status yourself, come June 2020

If Brexit was not a thing, and assuming your continuous UK residence since June 2015, you would qualify for EEA PR in June 2020 (as @secret_simon has said, your residence period before your marriage started does not count if you do not have already a BRC issued as an unmarried partner covering that period). But since it is not clear when the EEA PR route will be discontinued (presumably at some point in 2020) I cannot comment on it as a reasonable option for you at this point.

So, Settled Status for you in June 2020.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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