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Hi everyone, am assisting my brother on his immigration issue but I felt I should let able guys like you know first, possibly you can share your view on his case, any merits or cons. This forum have proven tremendous success so I took it as my responsibility to convey His Case to you.
BRIEFINGS:
He is married to an eea national in September 2011.
At the time of marriage, they were co-habiting and the eea national has been exercising her treaty rights since.
He applied for his RC in March 2012, refused in December 2012. He went for an appeal which took considerable time. He was later asked by HO to provide proof of durable relationship from the time of marriage amongst the pts raised by the Judge for re-consideration.
He was finally granted his Residence Card in July 2013.
The couple had initiated divorce proceedings only recently.
My brother believed he 'automatically' qualified for Permanent Resident going by the date of their marriage, Sept. 2011 (over 5yrs) and they had been cohabiting since... whilst his eea wife have continuously been exercising her treaty rights since Sept 2011 (to date).
Am not entirely sure as his RC was issued in July 2013 (under 5yrs).

So, could he go by the date of his marriage to meet the requirements of PR? or would HO count the 5yrs continuous residence from the date they issued the Residence Card (from July 2013, instead of Sept. 2011?
There were no absence due to travel or gaps n the enjoyment history.
Could he be able to immediately apply for the Permanent Residence now? or should he wait till the current RC near expiry?
On the converse, should he wait until the decree absolute before he apply for the PR regardless of whether his current RC reaches maturity (July 2018) or not?
I would appreciate your sound judgement on this. All opinions welcomed
Regards,
Luck.

Base on what you posted, he doesn't have to wait till the end of that RC expire date and if the paperwork are correct in the next 2/3 months time from now in 2017 he would have qualify for BC assuming he's got his PR card earlier.

However, firstly he need to demonstrate that from the date/month of the marriage the EU spouse was exercising her treaty rights up till Sep 2016 and also to show some proof of some utilities paperwork of both you if you stayed together during those period just to proof some form genuine relationship and it's just the more you can proof the more better.

Secondly, with the issue of divorce he may carry on if that is what he wanted to do for now. But it doesn't disturb the PR process if he can proof the treaty right correctly.

Good Luck.

Wise wrote:Base on what you posted, he doesn't have to wait till the end of that RC expire date and if the paperwork are correct in the next 2/3 months time from now in 2017 he would have qualify for BC assuming he's got his PR card earlier.

However, firstly he need to demonstrate that from the date/month of the marriage the EU spouse was exercising her treaty rights up till Sep 2016 and also to show some proof of some utilities paperwork of both you if you stayed together during those period just to proof some form genuine relationship and it's just the more you can proof the more better.

Secondly, with the issue of divorce he may carry on if that is what he wanted to do for now. But it doesn't disturb the PR process if he can proof the treaty right correctly.

Good Luck.

@Wise... many thanks for taken the time to reply. Am truly grateful for your thoughtful comments.
Well noted.

In relation to the BC, if he was to wait until September 2017, could he just apply for British Citizen without the PR, if he's able to proof continuous residence for 6yrs (including exercising of treaty rights' for the entire period. I understand PR is only confirming ones existing rights, meaning in essence, the given rights have 'always' been there in as much as all requirements are met.
Could I be right? I stand to be corrected, please anyone could share their opinion with me... any related 'case study' available for review?
Looking forward to anyone's response.

No i cannot apply for Citizenship without holding the PR. Even EU national are now require to acquire PR before applying for Citizenship

No he cannot apply for Citizenship without holding the PR. Even EU national are now require to acquire PR before applying for Citizenship

fatimahh wrote:No he cannot apply for Citizenship without holding the PR. Even EU national are now require to acquire PR before applying for Citizenship

@Fatimah... Thank you for the clarifying...

Also, his solicitor had told him that, he would have to apply under British rules for ILR instead of PR because the Home Office had offlate been returning eea applications and told applicants to apply under British rules instead. I stand to be corrected but I found that to be misleading because the normal eea fees only cost £65.... Why would he has to pay £2297 if he can get PR for £65? That's the main reason, I chose to help him out myself. Guys, I hope am right about the current fees and anybody out there having his/her application invalidated for paying. £65 ?

luvn wrote:In relation to the BC, if he was to wait until September 2017, could he just apply for British Citizen without the PR, if he's able to proof continuous residence for 6yrs (including exercising of treaty rights' for the entire period.

You're using dangerously sloppy terminology here. Permanent Residence (PR) is obtained automatically, and confers settled status. The documents evidencing it are the Permanent Residence Card (PRC) and the Document Certifying Permanent Residence (DCPR). For naturalisation where settlement is obtained by the EEA route, one normally has to hold PR for one year, but must submit a PRC or DCPR with the application for naturalisation. The requirement to submit a PRC or DCPR as evidence of being settled by virtue of holding PR is fairly recent.

Using the term 'PR' to refer to a PRC or DCPR may cause expensive confusion.