What will happen to me if my wife get PR?

[hunpak]

Hi i am on a RC since April 2010 we got married in Nov 2009 last year. my wife an EEA national will be applying for her PR in few weeks..

just want to ask what status will i get and when she get PR or i will stay on RC or should i send my documents with her application too..

do i have to wait 5 years for PR?

or i will be treated as spouse of UK resident...

Please assist me with this confusion..

thanks

[Guerro]

What I'm sure about is:
1- you have to wait 5 years unless your eea wife is applying for pr as a pensioner or because of injury at work. Only at these two cases you will get pr irrespective of your nationality or time you spent in the host country (uk).
2- you will never be treated as a spouse of a uk permanent resident simply because you entered the country as an eea family member, not on a spouse visa.
I think the only advantage is that she will be exempt from exercising treaty rights ( just think and we need help in this point).
Can someone tell us any more advantages?

[Plum70]

What I'm sure about is:
1- you have to wait 5 years unless your eea wife is applying for pr as a pensioner or because of injury at work. Only at these two cases you will get pr irrespective of your nationality or time you spent in the host country (uk).

Where in law does it state that the non-EEA national attains PR (other than after 5 years of residence) under these circumstances?

2- you will never be treated as a spouse of a uk permanent resident simply because you entered the country as an eea family member, not on a spouse visa.

Wrong. Once the OP's spouse attains PR the OP can be treated as the non-EEA spouse of a settled person in the UK. Hence, he may take advantage of the UK/EU route; ie to say he can switch to a UK spouse visa or retain his RC. I would recommend the latter - cheaper and less strenuous, though, at present, a 'longer' route to permanent residence.

[John]

Where in law does it state that the non-EEA national attains PR (other than after 5 years of residence) under these circumstances?

In the EU Directive. And also detailed in the instructions that UKBA gives to its staff dealing with European applications.

[Plum70]

John, can you pls post the exact Article in the Directive? I checked and haven't found it.

[John]

Article 17, of Directive 2004/38/EC.

[hunpak]

thanks fellows

If i will switch to UK spouse visa how long is it going to take me to get PR or indefinite... are they going to count from the time we got married?

or they will count from the day i'll get uk spouse visa?

[vinny]

Unfortunately, 284(i) prevents you from switching within the UK because you have no leave to enter/remain under the Immigration rules.

However, if you apply for a spouse entry clearance from outside the UK, then your 2-year probationary period for ILR will start when you initially enter the UK on your spouse entry clearance.

[hunpak]

Unfortunately, 284(i) prevents you from switching within the UK because you have no leave to enter/remain under the Immigration rules.

However, if you apply for a spouse entry clearance from outside the UK, then your 2-year probationary period for ILR will start when you initially enter the UK on your spouse entry clearance.

Dont they count Resident Document(EEA2)?

[Guerro]

@hunpak, no. Eea route and uk rules (ilr) are completely two different routes and none of them will resit the clock of permanent residence for the other.

[Guerro]

Are there any more advantages for the non eea family member in case the eea family member gets pr?

[Plum70]

Article 17, of Directive 2004/38/EC.

Thanks!

[hunpak]

Are there any more advantages for the non eea family member in case the eea family member gets pr?

anyone