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When does clock start for Non-EEA Permanent Residency?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Patience
Junior Member
Posts: 73
Joined: Sun Apr 30, 2006 11:58 pm

When does clock start for Non-EEA Permanent Residency?

Post by Patience » Thu Apr 18, 2013 2:41 pm

Need Assistance on when the clock starts for Non-EEA Permanent Residency qualification?

EEA National started exercising treaty rights in the UK from 2005 till date.
Non EEA and EEA traveled to Ghana from UK in March 2008 for marriage.
Marriage takes place in March 2008.
EEA National returns to the UK 2 weeks later and continues exercising treaty rights.
Non-EEA stays back in Ghana and applies for Family Permit to join EEA National in April 2008.
Family Permit ( 6 months valid ) granted in May 2008.
Non EEA travels to UK and joins EEA National in July 2008.
Non EEA applies for residence card and gets issued a residence card for 5 years valid till July 2014.

With regards to qualification for permanent residence by NON EEA , when does the clock start?


Thanks.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Apr 18, 2013 3:24 pm

You should qualify this Summer for PR. July 2013 to be precise.
Smooth seas do not make skilful sailors

fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Thu Apr 18, 2013 4:27 pm

So, did it take you a full year to get a Residence Card in 2008/2009??

Anyway, as Obie says, the clock starts in your case on the day that the non-EEA first entered the UK on an EEA Family Permit. It might be useful if you still have the passport used for this entry, and in particular the entry stamp (which confirms the entry date) that the Immigration Officer put on the EEA FP.

Plum70
Diamond Member
Posts: 1363
Joined: Thu May 22, 2008 12:07 pm

Post by Plum70 » Fri Apr 19, 2013 3:04 pm

fysicus wrote:So, did it take you a full year to get a Residence Card in 2008/2009??
I won't be surprised. 2008 was a lamentable year when RC applications were averaging 8 - 9 months. Back then mine took 8.5 months.

As you rightly suggested, the OP should also present the original passport (containing the EEA family permit) they entered the UK with which was when the residence clock began ticking.

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Apr 19, 2013 10:01 pm

Bear in mind that presenting the old passport may be useful, but it is not essential.

wiggsy
Senior Member
Posts: 849
Joined: Sun Jan 06, 2013 6:59 pm
Location: Warwickshire, UK

Post by wiggsy » Fri Apr 19, 2013 11:34 pm

but always better to be as helpful as possible (within reason)

bamig1
Newly Registered
Posts: 2
Joined: Fri Mar 29, 2013 11:43 pm

HEEEELLLLPPPPP!!!!

Post by bamig1 » Fri Apr 19, 2013 11:45 pm

EU
EU treaty since 2004....
got married to an EU...2006
both given RC 2007 to 2013
went to jail for 3 months.!
1 child but my name is not on the child BC
NON EU FAMILY
student visa 2001 to 2006
RC 2007 to 2013.
Applied for ILR 10 years RULE.
REFUSED because of driving with no licence (CR)six point and £200
fine, now i have a licence!
told to wait till my RC EXPIRES.

QUESTION:

1 When should i have applied for our PR.

2 Can i still apply for ILR 10 year rule. if anything.

3 When was my PR DUE.

4 will the jail sentence affect anything .

5 Do we have to apply for PR TOGETHER or just MAIN

Patience
Junior Member
Posts: 73
Joined: Sun Apr 30, 2006 11:58 pm

Post by Patience » Mon Apr 22, 2013 10:35 am

fysicus wrote:So, did it take you a full year to get a Residence Card in 2008/2009??

Anyway, as Obie says, the clock starts in your case on the day that the non-EEA first entered the UK on an EEA Family Permit. It might be useful if you still have the passport used for this entry, and in particular the entry stamp (which confirms the entry date) that the Immigration Officer put on the EEA FP.
Yes it took that long.

Patience
Junior Member
Posts: 73
Joined: Sun Apr 30, 2006 11:58 pm

Post by Patience » Mon Apr 22, 2013 10:44 am

Obie wrote:You should qualify this Summer for PR. July 2013 to be precise.
thanks for the clarification.

My residence Card is Valid till July 2014. I plan to wait till then without applying for confirmation of permanent residence, so I would qualify for BC. At least I should be able to carry out normal activities since my residence card provides a window up till 6 year period for BC with no restrictions.

I will appreciate comments. thanks

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