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time before marriage counts towards 5 years of UK residence?

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

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SisterNura
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Joined: Mon Mar 25, 2013 6:54 pm

time before marriage counts towards 5 years of UK residence?

Post by SisterNura » Sat Jul 05, 2014 3:52 pm

Hi,

my non-EU husband was in the UK on a student visa for 3 years. He left to go back home, we got married in his country and he will return to the UK soon on a EEA family permit. I know that his PR can be attained by living in the UK for 5 years with absences of 6 months maximum per year and one absence of total of 12 months for certain purposes. He will be within this time frame of absence from the UK.
My question is, does his time being on the student visa in the UK and us not being married during that time count towards his 5 year residence or not? Does he only have to complete another 2 years of living here once he returns to the UK to get his PR?
Thanks!

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: time before marriage counts towards 5 years of UK reside

Post by Casa » Sat Jul 05, 2014 4:15 pm

No it doesn't count. The clock will be reset when he re-enters the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

sheraz7
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Posts: 2509
Joined: Thu Jan 27, 2011 8:56 pm
Location: UK

Re: time before marriage counts towards 5 years of UK reside

Post by sheraz7 » Sat Jul 05, 2014 4:19 pm

The time he spends on tier 4 was under UK PBS system but in order to acquire PR under EU route he will have to spend further 5 years.
Please donot send PM. Write in open forum to facilitate others too.
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