Unmarried partner of EEA national - when to apply PR?

[ten513]

Hi Everyone,

I am an EFM (non EEA) unmarried partner of EEA national.

We started living together since 2007. I was overstay for sometime before I went back to my country in May 2015.

-June 2015, applied for Family Permit.
-July 2015, came back to UK with Family Permit valid until 01/01/2016
-September 2015, applied for Residence card with all evidences from 2007 to August 2015 (EEA sponser exercising treaty rights as self-employed)
-October 2015, received COA with right to work
-May 2016, received residence card valid until 26/04/2021

I would like to know when I can apply for Permanent residence card.

When is 5 years residence start?
- started date of living together (2007)?
- issued date of Family Permit (02/07/2015)?
- arrived date to UK after got Family Permit (06/07/2015)?
- issued date of Residence card (26/04/2016)?

Thank you very much in advance for your help.

[Noetic]

The 5 years start at the earliest when the sponsor started exercising treaty rights and you were living together, legally as a partner of an EEA national.

If that gives you several 5 year periods to choose from it gives you a bit of leeway if you have gaps between employment etc eg if you exercised treaty rights for 8 years and had a gap of imagin year 7 you can apply for PR based on the first 5 years, after which your activity no longer matters.

[Casa]

I don't believe the period during which the OP was an overstayer without legal residence will qualify towards PR.

[noajthan]

Hi Everyone,

I am an EFM (non EEA) unmarried partner of EEA national.

We started living together since 2007. I was overstay for sometime before I went back to my country in May 2015.

...

I would like to know when I can apply for Permanent residence card.

When is 5 years residence start?
- started date of living together (2007)?
- issued date of Family Permit (02/07/2015)?
- arrived date to UK after got Family Permit (06/07/2015)?
- issued date of Residence card (26/04/2016)?

Thank you very much in advance for your help.

Extended family members do not have automatic rights to enter and reside in the UK.
Under Regulation 7(3) of the Regulations, an extended family member has the same rights as a direct family member, providing they continue to satisfy the conditions of Regulation 8 and they have been issued with:

• an EEA family permit;
  a registration certificate; or
  a residence card;

The above documents must remain valid and not have been revoked.

An extended family member is not eligible for a document certifying permanent residence or a permanent resident card if they have not previously been issued with one of the above documents.

After five years continuous residence in line with the regulations an extended family member
can apply for a:

• permanent residence card (if they are a non-EEA national)

Looks like earliest possible date for acquisition of PR will be 5th anniversary of FP, so sometime in 2020;
that is assuming sponsor continues to exercise treaty rights (or has acquired PR) and that relationship endures (and there's no Brexit).

[ten513]

Thank you very much noajthan and Casa for your help.

My solicitor told me that I can apply permanent residence card right away after I received Resistance card. For now I will apply for driving licence then holiday late September.

I will see my solicitor soon and will update here again. Thanks

PS. My solicitor fee for Residence card was £180 to apply and then another £180 when application is success which is not including application free £65.

[Casa]

Your solicitor has a different option to myself and fellow moderator Noajthan, but not too much to lose then if he's wrong.

[Obie]

Solicitor is clearly wrong. You will qualify in July 2020, the first time you entered with a residence document or EEA family permit as an extended family member.