Non EEA Married To EEA

[votch]

Hello Everybody,

Need some advice on how and when I can Apply for
Permanent Resident. . Me and my wife was living together
In Belgium sep 2008 we moved to UK mei 2011
I entered the UK with Resident Card from my previous
Married In Belgium.. We Married 2012 and get my UK
Resident Card Nov 2013.. I'm so confused because
Some solicitors says have to apply from
Nov 2013 and other solicitors said from date when
I get married Feb 2012... Any Help Please! !!

[noajthan]

Hello Everybody,

Need some advice on how and when I can Apply for
Permanent Resident. . Me and my wife was living together
In Belgium sep 2008 we moved to UK mei 2011
I entered the UK with Resident Card from my previous
Married In Belgium.. We Married 2012 and get my UK
Resident Card Nov 2013.. I'm so confused because
Some solicitors says have to apply from
Nov 2013 and other solicitors said from date when
I get married Feb 2012... Any Help Please! !!

It's not automatic that anyone simply acquires PR 5 years from date of a RC; after all a couple may have been away from UK for a year or two - or they may even have divorced since the RC was issued.

The sponsor needs to have been exercising treaty rights as a qualified person, continuously for 5 years, at any time since you got married.

If that is the case since the date you got married then Feb 2017 is the earliest you could both acquire PR.
This assumes absences from UK have been kept within prescribed limits; (both yours and sponsor's absences).

[votch]

HI noajthan Thanks for quick reply !

My wife have been exercising treaty rights as a qualified person, continuously for 5 years since 2011 non stop but I'm NOT working is there any effective?
And what about the Durable Relationship ?

Thank you for your help

[noajthan]

HI noajthan Thanks for quick reply !

My wife have been exercising treaty rights as a qualified person, continuously for 5 years since 2011 non stop but I'm NOT working is there any effective?
And what about the Durable Relationship ?

Thank you for your help

If wife is sponsor then you, as dependent/direct family member, don't have to have been doing anything in UK. Your activity is immaterial.

For a durable relationship you'd require proof of a relationship 'akin to marriage' for a period of approx 2 years (not just a boyfriend/girlfiend or fiance/fiancee relationship). For an extended family member a RC is (in UK) mandatory too.

Most straightforward is to apply for confirmation of PR when you are most likely to have acquired PR (which is on or after your 5th wedding anniversary in your case).

[votch]

Thank you Noajthan for your time and consideration
I'm very happy with your information! !

So that'd mean I have to wait till Feb 2012
After 5th wedding anniversary.

MANY THANKS NOAJTHAN