Immigrationboards.com

Hello,

I'm sure there has been an influx of post-referendum posts. I'm trying to understand the rules around residency, PR, citizenship etc. - which all seem to have some surprising caveats.

I am a british citizen (never lived in another EEA state) in a "durable relationship" with an EEA citizen since early 2010.
We are not married but have a child born late 2011

Timeline
She came to the UK in late 2002 for a degree and from that point was either in study, jobseeking or working UNTIL late 2006 (so, 4 years) when she was away for approx 7-9 months, where she lived in her country but continued to look for jobs in the UK.

1) My understanding is that this period then becomes irrelevant toward PR?

She returned the UK in late 2007 and was in work / study until 2010 and then became a jobseeker for a few months, making a total period of about 3.5 years from 2007 to 2010.
We moved in together in 2011 and child born late 2011 - She registered as self-employed and continues to make tax returns but the company has never made any revenue as she has been pregnant / looking after our child since. She is dependent on my income which is easily sufficient for all of us. We don't currently have health insurance.

-----

Now we are looking in to the possibility of BC it does not appear she has achieved PR due to not having 5 years - indeed I'm trying to work out what rights there are to even live here currently.

2) Since we are not married, is there any possibility that she can be considered self-sufficient based on my income?
3) Are there any other ways she could be considered to have PR?
4) Would being married affect this?

5) What should we do to ensure we are living in a legal situation now and have the best chance of BC in the future?(obviously that could be a tricky question given no-one knows how the brexit negotiations will play out)

Hopefully I haven't written too much to read!
Many thanks

Mcmcmc wrote:Hello,

...

Timeline
She came to the UK in late 2002 for a degree and from that point was either in study, jobseeking or working UNTIL late 2006 (so, 4 years) when she was away for approx 7-9 months, where she lived in her country but continued to look for jobs in the UK.

1) My understanding is that this period then becomes irrelevant toward PR?

She returned the UK in late 2007 and was in work / study until 2010 and then became a jobseeker for a few months, making a total period of about 3.5 years from 2007 to 2010.
We moved in together in 2011 and child born late 2011 - She registered as self-employed and continues to make tax returns but the company has never made any revenue as she has been pregnant / looking after our child since. She is dependent on my income which is easily sufficient for all of us. We don't currently have health insurance.

-----

Now we are looking in to the possibility of BC it does not appear she has achieved PR due to not having 5 years - indeed I'm trying to work out what rights there are to even live here currently.

2) Since we are not married, is there any possibility that she can be considered self-sufficient based on my income?
3) Are there any other ways she could be considered to have PR?
4) Would being married affect this?

5) What should we do to ensure we are living in a legal situation now and have the best chance of BC in the future?(obviously that could be a tricky question given no-one knows how the brexit negotiations will play out)

Hopefully I haven't written too much to read!
Many thanks

1) What was partner's immigration/visa status at this time?

Anyway, Yes, it probably doesn't count towards acquiring PR.

An absence of over 6 months from UK breaks continuity of residence and resets the PR clock to zero.

A one-off absence of up to 1 year in exceptional circumstances is acceptable.

This could be for reasons such as:
pregnancy, work or study placement, military service (or perhaps some combination of such factors).
Just visiting family, travelling etc won't cut it.

2) Only if partner had CSI in place so as not to place an unbearable burden on the country's social assistance system.
(It doesn't matter if partner's as strong as an ox and never went to see a doctor, etc etc).

3) Not really, if not working, self-employed or studying.

Note At the moment partner may only have a derivative right to reside in UK through your child. Such a derivative right does not lead to PR.

4) No.

5) To regularise partner's position in UK at least get CSI.
Then apply for a RC as a self-sufficient person.

Note having a RC may be a vital factor if the traditional British sense of fair play leads to various transitional arrangements being put in place for Union citizens who are still on an EU migration trajectory when the final exit looms.

Thanks, appreciate the quick reply!

noajthan wrote: 2) Only if partner had CSI in place so as not to place an unbearable burden on the country's social assistance system.
(It doesn't matter if partner's as strong as an ox and never went to see a doctor, etc etc).

So do my income and savings count even though we are unmarried?

She was actually covered on my work private healthcare scheme from end of 2011 to march 2013 however that still leaves quite a gap between last working. If that was sufficient I should have kept paying the premium!

5) To regularise partner's position in UK at least get CSI.
Then apply for a RC as a self-sufficient person.

Note having a RC may be a vital factor if the traditional British sense of fair play leads to various transitional arrangements being put in place for Union citizens who are still on an EU migration trajectory when the final exit looms.

But when would it actually be possible to apply for a RC?

Mcmcmc wrote:Thanks, appreciate the quick reply!

noajthan wrote: 2) Only if partner had CSI in place so as not to place an unbearable burden on the country's social assistance system.
(It doesn't matter if partner's as strong as an ox and never went to see a doctor, etc etc).

So do my income and savings count even though we are unmarried?

She was actually covered on my work private healthcare scheme from end of 2011 to march 2013 however that still leaves quite a gap between last working. If that was sufficient I should have kept paying the premium!

5) To regularise partner's position in UK at least get CSI.
Then apply for a RC as a self-sufficient person.

Note having a RC may be a vital factor if the traditional British sense of fair play leads to various transitional arrangements being put in place for Union citizens who are still on an EU migration trajectory when the final exit looms.

But when would it actually be possible to apply for a RC?

Yes, your support is fine. And yes, you should have kept that health insurance going.

Get a CSI policy then apply for a RC the week after.

A RC merely confirms status - its not a PR card.
But all (or most) previous EU-related transitional arrangements seem to have been predicated on someone having a RC.
So I'm only guessing but if UK does something similar for the final exit then it will be good for someone to have a RC.
Could be the best £65 you spend.

There's obviously no time now to acquire full PR as that normally takes 5 years.
When the end is nigh your partner's future will probably depend on any transitional arrangement (same as for thousands of others).

Good luck.

Thanks again. I'm just wondering, if it ever came to it which I doubt it would, whether there would be any grounds for going down the horrendously expensive ILR route in 2017 having lived here continuously for 10 years? Is this possible for an EU citizen?

Mcmcmc wrote:Thanks again. I'm just wondering, if it ever came to it which I doubt it would, whether there would be any grounds for going down the horrendously expensive ILR route in 2017 having lived here continuously for 10 years? Is this possible for an EU citizen?

The requirement is 10 years lawful residence (and perhaps even more restrictive), and from what you say your unmarried partner is not even lawfully present here now. (She might currently be lawfully resident by having returned from a trip abroad in the past 3 months.)

Mcmcmc wrote:Thanks again. I'm just wondering, if it ever came to it which I doubt it would, whether there would be any grounds for going down the horrendously expensive ILR route in 2017 having lived here continuously for 10 years? Is this possible for an EU citizen?

At discretion - as those on EU route have no leave to remain.

Any element of EU migration route within the 10 years would have to be covered by exercising treaty rights. (And if applicant had done that they would have acquired PR in 5 years - and confirmation for £65).
Just being European and happening to be in UK for 10 years won't cut it.