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EEA PR Residence Card - Application and rights

Posted: Wed Jan 15, 2020 3:58 pm
by nishants85
I am a Non-EEA family member and need your help with the following scenario:

1. I got married in June 2015.
2. We stayed abroad for 1 year (outside EU) till May 2016
3. We relocated to the UK in June 2016.

I have the following questions:

1. When will I be eligible to apply for a permanent residence card? Is it June 2020 (5 years after marriage), or June 2021 (5 years after relocating to the UK)?
2. Once a PR is issued, am I allowed to travel freely without being asked the question at the immigration if I am traveling together or joining my wife. I.e. Do I need to prove that I am still with my EU partner.
3. My wife is planning to go back to Italy after 2-3 years' time. Will I be allowed to stay in the UK after PR is issued?

Note: We both have received pre-settled status already last year in May.

Re: EEA PR Residence Card - Application and rights

Posted: Wed Jan 15, 2020 4:04 pm
by Zerubbabel
Hello

The counter starts from May 2016 when you located to the UK as a married with an EEA national. This gives you May 2021 as target for your PR.

Once the PR issued, that PR doesn't depend on your partner or you being married. You can reside in the UK on your own right. Immigration won't bother you. You will be a permanent resident in the UK. They won't care if you work or not, are married or not. You may stay in the UK even if your partner leaves.

Re: EEA PR Residence Card - Application and rights

Posted: Wed Jan 15, 2020 4:53 pm
by kamoe
Zerubbabel wrote:
Wed Jan 15, 2020 4:04 pm
This gives you May 2021 as target for your PR.
But do take into account that Brexit means the EEA route will likely be cancelled by then.

And regardless of when exactly the HO stops issuing PR cards under the EEA route, your current EEA RC will not be valid after 31st December 2020, so if you travel internationally or need to prove your right to rent and work, you need to have applied for Pre-Settled Status at some point in 2020, and apply to convert your EEA BRC into a Settlement Scheme card, to continue having a physical valid document from that date.

Re: EEA PR Residence Card - Application and rights

Posted: Fri Jan 17, 2020 1:10 pm
by nishants85
Thanks for your responses. It helps a lot :)