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WANT TO APPLY FOR PR
Posted: Sun Mar 30, 2014 5:52 am
by anshef
Hi Guys,
I (Indian national) came to UK on Student visa on Sep 2007. On 2009, changed to post study visa (for 2 years). At the end of that visa (in 2011), applied for Residence card (unmarried partner) and got it till Dec 2016. My partner (Polish national) got her PR in Sep 2010. We have been together from Sep 2008.
My question is, Can I apply for PR now? or I need to wait till 2016, so I'll complete 5 yrs on eea route?
Awaiting valuable suggestions, Please
Regards
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 7:18 am
by anshef
Hi,
Anyone got any idea... all suggestions are welcome
desperate please
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 10:12 am
by Jambo
Dec 2016. As unmarried partner you obtain PR 5 years after the RC issue date. You can't mix and match visas.
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 4:19 pm
by olivesummer44
You should be able to apply for permanent residence on form EEA4 now, provided you have been living with her for 5 years and during that time he has been continually exercising treaty rights. The fact you have only been on your residence card for x years is immaterial. It's your wife's exercising treaty rights that's crucial.
But please seek advice from immigration lawyer, I'm not entirely sure.
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 5:48 pm
by anshef
Thanks guys for your fast reply. I was thinking the same way like what max posted.
But when Jambo-a respected Guru, saying the opposite....
Any other comments guys....
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 8:07 pm
by kubus
As u are unmarried partner, your PR countdown start from issuing of RC as an EEA family member. If u are married to EEA National then countdown start from the day u marry. Jambo is spot on!
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 8:11 pm
by SouthWest1
Jambo is correct
for unmarried Partner, the countdown for PR starts from the date of issue of your RC. ( As Kubus Said)
I believe max_bloodyrose missed the fact that you are unmarried couple.
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 9:56 pm
by Jambo
max_bloodyrose wrote:It's your wife's exercising treaty rights that's crucial.
They are not married...
Re: WANT TO APPLY FOR PR
Posted: Mon Mar 31, 2014 11:49 pm
by askmeplz82
In the case the unmarried partner if they were issued "EEA Family Permit" while outside the UK, then their legal residence would start with their arrival in the UK rather than with the issue date of the RC. This is because they have already been examined and determined to be family of EEA citizens...
If already in the UK then RC issued date but there may be exception.
OP will be lucky
2 forum members applying now BC after successful PR application last year
ys704
Spike_UK
both of them send EEA4 application before 5 years marriage completed ( they were living together for 5/6 years with the EEA family member but married for 4 years ) . initially home office refused their application but the judge allowed their appeal and finally they received their PR . I'm not sure if this will help you. May be you ask those two member. They are still posting in this forum every month
example:
http://www.immigrationboards.com/eea-ro ... ml#p531588
Re: WANT TO APPLY FOR PR
Posted: Wed Apr 02, 2014 7:56 am
by anshef
Thanks for all your advise guys.
Looks like, I got 2 options:
1. apply with all the evidences, and hope that I will get lucky
2. wait till the end of my residence card, then apply for PR
Not very happy

Re: WANT TO APPLY FOR PR
Posted: Wed Apr 02, 2014 8:02 am
by uk2005
if you can prove 5 yers togather you may be
apply for pr... becoz you will get your pr 5yers
live togather anyway...