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Question re 5 Year Qualifying Period for PR

Posted: Tue Jun 24, 2014 11:04 am
by nadia77
Hi guys,

I can't seem to find any info on this online..

Basically, I want to find out if the 'continuous 5 year period' during which you need to be exercising treaty rights in order to get Permanent Residency, needs to be specifically the first 5 years of living in the UK, or if it just needs to be any continuous 5 year period during which you were exercising those rights.

For example, say an EEA citizen moved to the UK in January 2009, but did not exercise treaty rights for the first 6 months of living here, but then in July 2009 they began to exercise treaty rights and continued doing so until July 2014. If they now applied for PR in July 2014, would their application be based on the period July 2009 to July 2014? And would it the fact that they were not exercising treaty rights for the period Jan 2009 to June 2009 in any way affect their PR application?

I hope the example above makes sense. I am assuming that you can in fact apply for PR after any continuous 5 year period of exercising treaty rights and that your situation prior to those 5 years should not affect your application- but I may be wrong. I would be very grateful if someone could please confirm this for me. Thanks :)

Re: Question re 5 Year Qualifying Period for PR

Posted: Tue Jun 24, 2014 2:49 pm
by Imshzd
July 09 to June 14, meets the PR requirement.
Jan 09 to June 09,this period will un effective on your PR application.

Re: Question re 5 Year Qualifying Period for PR

Posted: Tue Jun 24, 2014 3:08 pm
by sheraz7
The time to qualify for PR starts from the day when an EU national starts excersing its treaty rights which in your case will be July 2009. However, adding a brief covering letter(optional) can make the case more easier to deal for case worker.

Re: Question re 5 Year Qualifying Period for PR

Posted: Tue Jun 24, 2014 5:55 pm
by nadia77
Thank you so much for your answers, thats a relief to know :)