Need Help!!

emmy12 · Post by **emmy12** » Thu Dec 01, 2011 12:25 am

hi
i am european national but my husband is not from a european country. we met in uk and got married. i am working as self employed but my husband just finished his studies before our marriage and got a PSW Visa.
As now we are married and living in uk. we are keen to live in uk permanently. my husband is still having his own PSW visa even though we are married. If my husband do not change his Visa to my family member now.Will this time period since our marriage be accountable in the total 5 years to get PR? or will it start from the day he get Visa as my family member??
We are confused about this because if this time period also counts in the total 5 year time then we can easily apply for the visa of family member even after 1 year. Otherwise if this time period does not count towards the 5 year time period then we will rush and apply for the family member Visa as soon as possible.

Your Sincere suggestions are needed please...

Azhaar · Post by **Azhaar** » Thu Dec 01, 2011 1:33 am

The 5 years period starts since u get married and u r not obliged to apply for a residence permit as u will have to show to the home office that u have been married to an Eea for 5 years and the Eea national has been excercising treaty rights for a continuous 5 years.

But that depends on which country the Eea national comes from as the A2 states (Romania & Bulgaria) have still some restrictions of registering for accession states worker scheme.

Hope this helps

emmy12 · Post by **emmy12** » Thu Dec 01, 2011 2:14 am

Azhaar wrote:The 5 years period starts since u get married and u r not obliged to apply for a residence permit as u will have to show to the home office that u have been married to an Eea for 5 years and the Eea national has been excercising treaty rights for a continuous 5 years.

But that depends on which country the Eea national comes from as the A2 states (Romania & Bulgaria) have still some restrictions of registering for accession states worker scheme.

Hope this helps

Yes i am european national from Romania. i am sorry i have little confusion in understanding your reply.
i have been working as self employed in UK since 1 year and i am still working now. so if i dont get regestration card now my husband will not be able to apply for permanent residence after 5 year from the date we married???

Azhaar · Post by **Azhaar** » Thu Dec 01, 2011 8:35 pm

No it doesn't mean ur spouse can't apply but there some restrictions with nationals from Romania and Bulgaria which we need some advice from seniors

Thx

emmy12 · Post by **emmy12** » Thu Dec 01, 2011 11:32 pm

Azhaar wrote:No it doesn't mean ur spouse can't apply but there some restrictions with nationals from Romania and Bulgaria which we need some advice from seniors

Thanks for the information Azhar.

Can anyone Senior please tell us about these ristrictions about applying for permanent residence being Romanian National and Non-European Family member after 5 year of marriage.

Post by **Jambo** » Fri Dec 02, 2011 12:16 am

As you work as self-employed, the restrictions on Romanians do not apply to you or your husband. The 5 years would count from date of marriage.

emmy12 · Post by **emmy12** » Fri Dec 02, 2011 12:32 am

Jambo wrote:As you work as self-employed, the restrictions on Romanians do not apply to you or your husband. The 5 years would count from date of marriage.

Thats really Informative. Thank you soo much Jambo.

Jambo can you please provide your opinion on the following???

I am Romanian and working as self employed. My Husband is on PSW Visa and he is also working. we married about 7 months ago but we did not apply for my husbands Visa as Non-European family member. My husband still has his PSW for 1 more year left. we want to apply his visa after 10 months. will this time period on PSW count towards 5 years of my Husband's Permanent residence?

Your sincere advice will be of great help..

Post by **Jambo** » Fri Dec 02, 2011 12:49 am

As I said, as long as you are self-employed the 5 years started from date of marriage in the UK (or first entry after marriage if outside the UK).
You don't need to wait for the end of the PSW visa. You can apply for his Residence Card now. It's free.

emmy12 · Post by **emmy12** » Fri Dec 02, 2011 1:00 am

Jambo wrote:As I said, as long as you are self-employed the 5 years started from date of marriage in the UK (or first entry after marriage if outside the UK).
You don't need to wait for the end of the PSW visa. You can apply for his Residence Card now. It's free.

Thank you soo very much for your advice. Yes i am aware of No application fee this is just because my husband is looking for his professional job at the moment and he dont want to send his passport away at this important time because when he apply for job they ask for his Passport and Visa.
which i am sure if we send for visa they will take atleast 4 months to process the application. That is the reason we want him to sort out his job first and then apply for visa but we also dont want him to delay the chance of applying permanent residence which you assured us of starting after 5 years of marriage so i think it will be good if we apply for Visa even if he gets job after a year because this time duration is getting counted aniway...

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