Permanent Residency

[Mayte]

Hi, I am a EU citizen and my partner is too. He got PR in 2015. We are thinking on getting married next year and I would like to apply for PR on grounds that we are married and we have been leaving together (not having joint account or bills, nor planning to have it, and having only one joint bill for Council tax bill) since May 2016.

Could my application be rejected because we are newly married? (I read sth about being living together for 2 years minimum).

we both work and have children together but I wouldn't say I depend financially on him (although I live in his house, he paying the mortgage)

Would I qualify for PR, as dependant or sth, or I still have to proof 5 years of treaty rights? I stopped working to raise my family so I don't have 5 continuous years (only 3 years and 9 months so far).

Thanks for your answers and any advice is more than welcome.

[Mayte]

Hi, I have just read on the forum the following:
"PR is acquired automatically after 5 years of sponsor exercising treaty rights (if sponsor is not settled)".
I am getting married to my partner next year, he has PR but he has never been my sponsor, will he become one after we marry? I am a EU citizen as well, and we are both working, but I still don't have the 5 years exercising treaty rights yet as I stopped working to look after my child.

thanks for the answer. Any advice on how to proceed would be very very welcome! I have two BC children and am quite concern on me not having time to apply for the PR before Brexit.

Me and my partner are getting married any way, but could it affect my situation in a negative way somehow if he can not sponsor me?

[noajthan]

Hi, I have just read on the forum the following:
"PR is acquired automatically after 5 years of sponsor exercising treaty rights (if sponsor is not settled)".
I am getting married to my partner next year, he has PR but he has never been my sponsor, will he become one after we marry? I am a EU citizen as well, and we are both working, but I still don't have the 5 years exercising treaty rights yet as I stopped working to look after my child.

thanks for the answer. Any advice on how to proceed would be very very welcome! I have two BC children and am quite concern on me not having time to apply for the PR before Brexit.

Me and my partner are getting married any way, but could it affect my situation in a negative way somehow if he can not sponsor me?

Yes hubby (to be) can be your sponsor once married. You will be his direct family member dependent.
You couldn't apply for DCPR immediately based on hubby as sponsor as you would need to have been sponsored by sponsor for 5 years continuously.

As well as a settled sponsor you would need 5 years of residence in UK in order to acquire PR in the 'normal way.
Clearly (if just starting now) that is unlikely to happen what with all wild talk of Brexit.
But at least your PR clock starts from your wedding day.

In fact if your PR clock is running in your own right at the moment then that time may all be pieced together - as long as it is continuous.
5 years combined treaty rights plus residence still required before holy grail of PR is reached though.

However, if you mean you are currently living together then that time may only be used towards acquiring PR if relying on partner's sponsorship if you possess an EFM RC issued on basis of your partner being your sponsor.

[Mayte]

Thank very much for your reply, eveything is very confusing after brexit.

I guess the clock is running on me since 2103 as I registered as a sole trader (on working tax credits for the first 12 months) up to date and still working. And Securing a teaching job from January 2017 may also help. My fear is that the first months do not count towards my PR because I was on working tax credits for more than 6 months and sometimes being on any benefit stops your rights. Can someone confirm this please?

If this brexit thing is effective from march 2019 i might still be able to apply for PR on time if nothing changes. I have been leaving in UK since 2008, studying, looking after my chind, working, on/off jobseekers and never left for more than 3 months a year