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Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 4:57 pm
by Seeker111
Hello everyone,
In urgent need of some advice pls.
(Non-eu) has residence card for past two years and eu partner is thinking about taking up a job in france. For non-eu to continue living in the uk what would be the right step to take.
As per uk ba website:
Permenant residence can be applied before 5 years on residence card if
"or self-employed in another EEA state but are still resident and return to the UK at least once a week)"
Please advise, any input will be greatly appreciated.
Thank you
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 5:22 pm
by noajthan
How long has sponsor been a qualified person and working in UK?
See Reg 5:
http://www.eearegulations.co.uk/Regs201 ... ulation_05
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 5:44 pm
by Seeker111
eu partner is a qualufied person for over 10 years.
What are the exact requirements pls. Cant work out this link as its for ceased activity i think. Can you pls list in simple words.
Many thanks
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 6:13 pm
by noajthan
Seeker111 wrote:eu partner is a qualufied person for over 10 years.
What are the exact requirements pls. Cant work out this link as its for ceased activity i think. Can you pls list in simple words.
Many thanks
I don't know much about it, not many members seems to take this route.
But if you meet requirements of Regulation 5 via your sponsor then you may have PR confirmed
even before 5 years residence in UK.
So your sponsor has to be a worker in a.n.othe EU/EEA country and maintain a residence in UK and come back to it every week. And be able to prove it.
Is that the plan?
5(4) The condition in this paragraph is that the person—
(a) is active as a worker or self-employed person in an EEA State but retains a place of residence in the United Kingdom and returns, as a rule, to that place at least once a week; and
(b) prior to becoming so active in the EEA State, had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 6:49 pm
by Seeker111
Thanks for explaning. Yes thats how it will be.
When should i apply it. Before or after eu partner start working in france.
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 6:51 pm
by Seeker111
Also what are the benefits of PR over resident card that i have now.
Thank you
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 9:23 pm
by noajthan
RC confirms the temporary status you have now.
If sponsor leaves UK then you will have no right to reside in UK.
Sponsor returning once a week is not enough.
However, if you do acquire PR that's settled status.
The clue is in the name: permanent.
Unless you leave UK for 2 years.
Apply once you have evidence sponsor has left and is living/working in France and is returning once a week.
Rock-solid evidence, as always.
Of course status is unclear once UK leaves EU but not much to be done about that.
Re: Permenant residence requirement before 5 years
Posted: Sat Feb 04, 2017 9:33 pm
by Seeker111
Thank you very much for the detailed reply. We will consider everything before making a decision.
Thanks again.