My EEA Wife is applying for PR, can i apply with her?

[hunpak]

Hi Friends

My wife is EEA national and she's been in uk for almost 7 years, we have been married since Nov 2009 and i got my Resident Permit in March 2010, Now she is applying for her PR, could i apply with her (Its free what's the harm in applying?)

Actually a friend of mine who was on hsmp when he applied for ILR his wife applied with him (shes been in uk for 2 years only on hsmp dependant visa) she got an ILR too.

Please advice me

Thanks

[boloney]

Hi Friends

My wife is EEA national and she's been in uk for almost 7 years, we have been married since Nov 2009 and i got my Resident Permit in March 2010, Now she is applying for her PR, could i apply with her



Please advice me

Thanks

No.Unless you are EEA national yourself and been exercising treaty rights in the UK for at least 5 years.

[hunpak]

Hi Friends

My wife is EEA national and she's been in uk for almost 7 years, we have been married since Nov 2009 and i got my Resident Permit in March 2010, Now she is applying for her PR, could i apply with her



Please advice me

Thanks

No.Unless you are EEA national yourself and been exercising treaty rights in the UK for at least 5 years.

what harm is in trying i have been in this country since 2007 on student visa and then i got married to an EEA national in 2009 ..can't this help?

[Kitty]

hunpak, if you apply for Permanent Residence under the EEA scheme in the circumstances you describe, you will be refused.

Your time in the UK as a student was not time spent in the UK "in accordance with" the EEA regulations.

The earliest you will acquire Permanent Residence is November 2014 (assuming you married in the UK and have been living here together since).

The good thing about your wife acquiring PR is that your right to be in the UK will not depend on her exercising treaty rights (e.g. working) after she gets it.

[John]

You started to exercise Treaty Rights in the UK only from the date of your marriage. That was only in 2009, well less than 5 years ago.

Also, you are confusing ILR and PR. Totally different qualifying conditions apply.

[hunpak]

thank you guys..

i

[reda]

You started to exercise Treaty Rights in the UK only from the date of your marriage. .

no you started the day you start live with your girlfriend (your wife now),if you got any proof of cohabitation before marriage date you can included on the 5 years resident requirement,as many in this forum get their PR before they reach 5 years married,perhaps the home office refuse to give you that status but you can appeal and the judge will give it to you(at least you can try you have nothing to lose).

[fysicus]

In theory you may be right, but retroactively claiming a durable relationship is very unlikely to succeed; unless at the time you applied for and were granted a Residence Card. In that case you can argue that the five years period started on the day of application for the RC.

In the case at hand I agree with other posters that you have to start counting from the date of marriage.

[Directive/2004/38/EC]

And just to be 120% clear: it is 5 years from the date of your marriage, not 5 years from whenever UKBA got around to issuing your Residence Card.