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Hello Dear users of the forum.

What happens to NON EU national if the EU partner receives permanent residence?
And also does the time count from the moment co-living together or from the moment VISA was issued?

Thanks in advance guys

Youngeagle wrote: ↑

Tue May 07, 2019 1:40 pm

Hello Dear users of the forum.

What happens to NON EU national if the EU partner receives permanent residence?
And also does the time count from the moment co-living together or from the moment VISA was issued?

Thanks in advance guys

-Nothing happens to non EU nationals if the EU partner receives permanent residence, your rights as Family Member are the same, but the EU national doesn't need to prove they are qualified person any more.

-Time count for what? co-living where? in the UK or elsewhere? what kind of visa are you talking about that was issued? EEA permits and residence cards are not visas. Please, be specific with your questions so we can help you out.

Regards,
Joaquín

Youngeagle wrote: ↑

Tue May 07, 2019 1:40 pm

What happens to NON EU national if the EU partner receives permanent residence?

Each person has to submit a separate application. The non-EU national does not receive any automatic status within the Settlement scheme just because their partner did.

However, the application lets you indicate your partner's application number when you apply as non-EU family member, so that both cases can be "linked".

And also does the time count from the moment co-living together or from the moment VISA was issued?

Each case might be slightly different, but roughly clock starts:

If married in the UK, from date of marriage;
If arrived in the UK already married to the EU national, from date of arrival in the UK;
If unmarried partner, from date of issuing of first EEA Family Permit or Residence Card.

-Nothing happens to non EU nationals if the EU partner receives permanent residence, your rights as Family Member are the same, but the EU national doesn't need to prove they are qualified person any more.

-Time count for what? co-living where? in the UK or elsewhere? what kind of visa are you talking about that was issued? EEA permits and residence cards are not visas. Please, be specific with your questions so we can help you out.

Regards,
Joaquín


Thanks for your quick answer.

So if the EU national unmarried partner get permanent residence and NON EU partner has 3 more years left on the VISA ( residence card ) he will still have to wait for 3 years to be granted permanent residence?
And after the EU SPouse received permanent residence does she have to work continuously for NON EU partner to qualify? ( as she qualiefie excercising treaty rights for 5 years and NON EU has not qualified as the visa has not come to an end)
We have met each other more than 5 years ago ( 5 years and 5 month to be exact ) and we have applied for non married partners settlement and were refused on some silly grounds. Then we have reapplied again ( it was not appeal) and I was issued a visa which ends in 2022. However we have beenm together more than 5 years. I have been in the country since 2000 but had some gaps I guess in stay ( but still have to double check if they were too long).
That is why I was wondering what normally happens if the EU partner applies for permananet setllement ? Then NON EU has to wait until the end of the visa? And in such a case Does EU partner have to continuosly work all the time ? until the end of the visa of NON EU?

non-EU partner of an EU citizen cannot start accruing time towards permanent residence status until they have a residence card if they are not married. So your 5 years start from Residence Card issued date

Yes after 3 years when you apply for PR YOU can send your partner PR card don't need to send 5 x p60 / payslips

Oh, you had't mentioned it was an unmarried partner.
The settlement scheme doesn't work on the grounds of treaty rights, so you don't have to worry on her working or not. By the way, working is not the only way to exercise her treaty rights, she can simply not work and rely on your salary (as long as it is above the 18,600 pounds threshold), being self sufficient, although you would need private health insurance. And by the way, once your sponsor has permanent residence, she doesn't have to prove treaty rights any more for you to have the EEA rights.

Your clock for permanent residence/settled status started counting on your previous EEA residence card, so you will have to apply in 3 years, no matter the status of your partner.

Regards,
Joaquín

jmedina wrote: ↑

Tue May 07, 2019 4:49 pm

Oh, you had't mentioned it was an unmarried partner.
The settlement scheme doesn't work on the grounds of treaty rights, so you don't have to worry on her working or not. By the way, working is not the only way to exercise her treaty rights, she can simply not work and rely on your salary (as long as it is above the 18,600 pounds threshold), being self sufficient, although you would need private health insurance. And by the way, once your sponsor has permanent residence, she doesn't have to prove treaty rights any more for you to have the EEA rights.

Your clock for permanent residence/settled status started counting on your previous EEA residence card, so you will have to apply in 3 years, no matter the status of your partner.

Regards,
Joaquín

There is NO £18,600pa income requirement for EU citizens or their dependents. You are confusion the spouse settlement visa requirements under the UK Immigration rules.

CR001 wrote: ↑

Tue May 07, 2019 4:54 pm

jmedina wrote: ↑

Tue May 07, 2019 4:49 pm

Oh, you had't mentioned it was an unmarried partner.
The settlement scheme doesn't work on the grounds of treaty rights, so you don't have to worry on her working or not. By the way, working is not the only way to exercise her treaty rights, she can simply not work and rely on your salary (as long as it is above the 18,600 pounds threshold), being self sufficient, although you would need private health insurance. And by the way, once your sponsor has permanent residence, she doesn't have to prove treaty rights any more for you to have the EEA rights.

Your clock for permanent residence/settled status started counting on your previous EEA residence card, so you will have to apply in 3 years, no matter the status of your partner.

Regards,
Joaquín

There is NO £18,600pa income requirement for EU citizens or their dependents. You are confusion the spouse settlement visa requirements under the UK Immigration rules.

Hi CR001.
No, i am not. In the self-sufficient and student EEA "qualified persons", the amount of money required in income or savings, although there is no legally established amount, in practice it is the same 18,600 for a couple without kids.
You can see this in the caseworkers guidance for Family Member and Qualified Person applications, available in gov.uk:

"When deciding if an EEA national and their family members have sufficient resources you must first check if they exceed the maximum level of resources which a British citizen and their family members can have before they no longer qualify for social assistance under the UK benefit system."

As you see, they assess this on same basis as British citizens rules. That's why I recommended in his case to go with the settlement scheme.

Regards,
Joaquín

jmedina wrote: ↑

Tue May 07, 2019 6:41 pm

CR001 wrote: ↑

Tue May 07, 2019 4:54 pm

jmedina wrote: ↑

Tue May 07, 2019 4:49 pm

Oh, you had't mentioned it was an unmarried partner.
The settlement scheme doesn't work on the grounds of treaty rights, so you don't have to worry on her working or not. By the way, working is not the only way to exercise her treaty rights, she can simply not work and rely on your salary (as long as it is above the 18,600 pounds threshold), being self sufficient, although you would need private health insurance. And by the way, once your sponsor has permanent residence, she doesn't have to prove treaty rights any more for you to have the EEA rights.

Your clock for permanent residence/settled status started counting on your previous EEA residence card, so you will have to apply in 3 years, no matter the status of your partner.

Regards,
Joaquín

There is NO £18,600pa income requirement for EU citizens or their dependents. You are confusion the spouse settlement visa requirements under the UK Immigration rules.

Hi CR001.
No, i am not. In the self-sufficient and student EEA "qualified persons", the amount of money required in income or savings, although there is no legally established amount, in practice it is the same 18,600 for a couple without kids.
You can see this in the caseworkers guidance for Family Member and Qualified Person applications, available in gov.uk:

"When deciding if an EEA national and their family members have sufficient resources you must first check if they exceed the maximum level of resources which a British citizen and their family members can have before they no longer qualify for social assistance under the UK benefit system."

As you see, they assess this on same basis as British citizens rules. That's why I recommended in his case to go with the settlement scheme.

Regards,
Joaquín

The income cap for benefits ceasing/ineligibility is higher than the requitement for a UK spouse visa. To say they are the same is incorrect.

CR001 wrote: ↑

Tue May 07, 2019 6:44 pm

The income cap for benefits ceasing/ineligibility is higher than the requitement for a UK spouse visa. To say they are the same is incorrect.

Ok