When to Apply for My PR.??

[lubeji247]

Hi everyone,
I've just joined this forum and i must confess that i'm quite happy with all the useful information i've read here.
This is my case:
1)I married my EU(French) partner in Nov 2004.
2)I applied for RC in April 2006.
3)I got my RC in July 2006,and which expires in July 2011.
My question is ,when am i due for application for PR??Is it after 5 years of marriage,or after 5 yrs of exercising treaty right by my partner?
My partner actually started working in April 2006 and she still works to date.
I saw my solicitor last week with all the necessary documents for my EEA4 application,but he told me to wait till the last week in April '11 or the first week in May '11 before i can do the application.I believe i don't have to wait till then going by all i've read here and i don't know why he suggested that.
Please,good people,i need your candid opinion on this.I learnt i can send my application direct to HO by post as it would save me the money to pay my solicitor for the service.
Thanks in anticipation of your response.

[86ti]

or after 5 yrs of exercising treaty right by my partner?

That's it plus you having been resident in that period.

but he told me to wait till the last week in April '11 or the first week in May '11 before i can do the application.

He probably simply took the waiting time into account. You can't be granted PR before the 5 years are over.

I learnt i can send my application direct to HO by post as it would save me the money to pay my solicitor for the service.

http://www.ukba.homeoffice.gov.uk/eucit ... ropeanlaw/

[lubeji247]

Thanks for your response ,86ti.
I've just seen a case similar to mine here.It's about a lady who got her PR this month.
She got married in Oct 2004,applied for RC in April 2006 and got it (RC)in July 2006 and which expires in July 2011.According to her,she applied for her PR in Oct 2010 and successfully got it(PR) on the 8th of this month of March.The lady goes by the name Algorithm here.
Do you think the success of her application was actually based on the 5 years of her marriage to her EU partner ?Because that's the impression she gives here.If that's the case,then i should have applied for mine in Nov,last yr.Or what do u think?

[lubeji247]

Sorry,point of corretion.The lady actually applied for her PR in Nov 2010,not Oct 2010.

[86ti]

It's not the date on the RC (or even having that document) that counts but the 5 years of continuous residence under the EEA regulations properly backed up with documents. You need to know whether your spouse was exercising treaty rights between Nov 2004 and April 2006 in some other capacity than working, e.g. student.

[lubeji247]

She wasn't in employment from Nov 2004 to March 2006.She's been working since April 2006 to date,but we both have 7yrs proof of cohabition in the UK.

[lubeji247]

Hi guys,
This is just to update you.I sent my EEA4 application to HO last Saturday,19th of March.I tracked it on-line and i found out it was delivered on Monday,the 21st.
I will keep you posted about its outcome.

[lubeji247]

It's now over 2 wks i applied for my PR and no COA or any response from HO.
Pls does anyone know the email address of HO for EEA applications enquiry?

[Newme]

Hi Lubeji247,

I have a similar issue and i already made a posting somewhere else but please see below. all comments will be gratefully recieved.

HI everyone, ive been monitoring this board for a while now and it is quite amazing how many of us have similar issues. it is quite uneasy to stay calm when you've put life documents forward to be judged. anyway, i'm confident i have people amongst this discussion board who will have answers to my concerns

I'm married to an eea member in 2005 outside of the uk, moved to the uk shortly after in october 2005 on student visa,
i receieved my RC in Nov 2007 / exp. nov 2012
we lived together for about 3 years till september 2008
although still married i moved to another town due to work prospects, she has excersied her treaty rights ever since nov 2005. i've also been working since 2005.
i have put in my application for a PR provding all the requested documents till date despite different addresses in recent times. we are still happily married but have no cohabiting evidence to cover for the last two years+, but i provided our individual addresses as evidence to show we've lived in the UK for more than 5yrs.

will this affect my application? i've read through some case studies and i dont quite understand the 5yrs legible period for application. is that the period of the 5yrs RC (expires nov 2012) or is this the period we have been married as a couple and living in the UK? please guys, all comments will be gratefuly received.


Thanks

Also, to add to your COA concern, i applied on the 11th of March , confirmed with royal mail it was signed for on the 15th of march and till date i have had no response from the HO and no COA. i called yesterday and the lady i spoke to told me to wait for 4 weeks and if i dont get it, i should give them another ring. i hope this helps. if you recieve yourss please update me too. Cheers

It's now over 2 wks i applied for my PR and no COA or any response from HO.
Pls does anyone know the email address of HO for EEA applications enquiry?

[86ti]

Well, to see what the UKBA thinks about your situation you will just have to wait for the decision on your application. I would think that it is perfectly ok to live at separate places. There could potentially be many reason to do so although strategically it would be advisable to officially keep a common address, e.g. having both names on the council tax or utility bills or keep the bank sending statements to that common address. Didn't you do that? As the non-EEA you only have to show five years of continuous residence. Work related information is not required from you.

You seem to have been in the UK under EEA regulations since October 2005 (it's unclear why you came on a student visa). This would mean that you are a permanent resident since October 2010.

[lubeji247]

Thanks for your response,Newme.
I believe we shall smile in the end.We just have to be patient with HO .
All the docs I sent are on the same address (for 7 yrs cohabitation,2004-2011) and we still live together till now.

[Newme]

hi 86ti,

Thank you for your reply, its feels good to have a second opinion and an experiienced one at that.

I submitted bank statements, council tax bills, tenancy agreements and utility bills which showed that we cohabited for three years, but that changed since i moved. I meant to put her name on my bills but i thought it would be fraudulent so i didnt because she isint actually living here, so i thought i could stand a risk with the UKBA.

the only reason why i didnt keep the bank statement to the same address was becasue my wife moved in with our friends and she wasnt paying any bills or has a tenancy agreement (to save on living costs). i hope this doesnt come back to bite me. i feel very nervous because everything seems alright excpet for the recent change in address.

picking up on the student VISA, my wife and i came here to do our masters from late 2005 and we finished end of 2006, but she was working while she was a student (part time) and she has been wrking ever since.

if you have more comments based on the info given, pls fire on.

thanks

[Newme]

thanks lubeji247,

i cant pretend not to be nervous, but i hope we'll all smile in the end. fingers crossed. Good luck and God's blessings

Thanks for your response,Newme.
I believe we shall smile in the end.We just have to be patient with HO .
All the docs I sent are on the same address (for 7 yrs cohabitation,2004-2011) and we still live together till now.

[lubeji247]

Hi guys,
This is just to update you.I got my COA today ,after 4 wks of waiting.

[Newme]

Congratulations Lubeji,

I'm still awaiting my COA, its running into its sixth week now. I'm not feeling very confident anymore.

Hi guys,
This is just to update you.I got my COA today ,after 4 wks of waiting.