5 year requirement? PR for a Non-EEA Spouse of an EU Citizen

[sethamine]

Hi all,

Unable to obtain a clear answer despite having gone through multiple posts on this forum, I was hoping I could get some guidance on applying for PR as a Non-EEA Spouse of an EU Citizen.

Me:

- I am a non-EEA individual and I first arrived in the UK in September 2011 for university. I held a Tier 4 Student Visa which was valid from September 2011 to October 2014.

- Following graduation, I secured employment with a company which sponsored me for a Tier 2 Visa which was valid for 5 years starting from September 2014.

- Soon after, I got a civil partnership with my EU partner in May 2015 and proceeded to apply for a Residence Card on the basis that I am a family member of an EU citizen. My residence card was issued in November 2015 and is valid till November 2020.


My Partner

- My partner is an EU citizen and has been a student in the UK since September 2011- first as an undergraduate student, then as a masters student and now as a PhD student.

- When I applied for a Residence Card in 2015, he successfully applied and was issued a Registration Certificate.

- He has been exercising treaty rights since September 2011 and will be applying for PR come September 2016.

Question:

- Based on my personal circumstances outlined above, when my partner applies for PR in September 2016, will I be able to apply for PR in the same application as him on the basis that I am his family member?

- Or will my time spent in the UK as a student and as an individual on a Tier 2 Visa not count towards the requirements for PR; in other words do I have to wait until 5 years have passed since the registration of my civil partnership, i.e. May 2020 before I can apply?

Many thanks in advance for any insights anyone out there might have!

[Petaltop]

My residence card was issued in November 2015 and is valid till November 2020.


My Partner

- My partner is an EU citizen and has been a student in the UK since September 2011- first as an undergraduate student, then as a masters student and now as a PhD student.

- When I applied for a Residence Card in 2015, he successfully applied and was issued a Registration Certificate.

- He has been exercising treaty rights since September 2011 and will be applying for PR come September 2016.

Has your partner had a CSI while he is an EEA student? Or a valid EHIC from his own country?

For you, as a partner of an EEA student, there was this about their family members also needing a CSI from June 2015.
https://www.gov.uk/government/uploads/s ... udents.pdf

Have you got a CSI?

[noajthan]

As you are o non-EEA national your basis to reside in UK now depends on your relationship to your sponsor.

Your sponsorship by a Union citizen sponsor started with your cp in 2015.
You may acquire PR sometime in 2020 (5th anniversary).

Don't let partner shoot for privilege of citizenship yet as BCs cannot sponsor family members on the EU migration trajectory.

And yes its a good point, you need CSI in place all round.

[Petaltop]

Wow...where did that post go from the OP that said they had CSI in place and asking for a second opinion on when he can have PR???

[sethamine]

Hi,

@petaltop: My partner has an EHIC and I had a CSI when I applied for my residence card. I had no idea about that requirement though so thanks for pointing it out! Sorry my post disappeared- I was editing it because I realised my post crossed with noajthan!

As you are o non-EEA national your basis to reside in UK now depends on your relationship to your sponsor.

As you are o non-EEA national your basis to reside in UK now depends on your relationship to your sponsor.

Your sponsorship by a Union citizen sponsor started with your cp in 2015.
You may acquire PR sometime in 2020 (5th anniversary).

Don't let partner shoot for privilege of citizenship yet as BCs cannot sponsor family members on the EU migration trajectory.

And yes its a good point, you need CSI in place all round.

Just on this- do I have to have a CSI at the point of PR application, or would it have to be in place for the full 5 years preceding my application for PR?

I ask this because I have taken out several sickness insurances but most of them are based out of the UK. The UK CSI I had in place when I applied for my residence card has since lapsed and I have not renewed it- might it be worth me renewing it?

*Edit: Also, might anyone have any idea what would my immigration status be if:
1) my partner is now a PR
2) UK eventually leaves the EU?

Would I still have the derived right to stay in the UK based on the fact my partner is a PR?

[Casa]

Wow...where did that post go from the OP that said they had CSI in place and asking for a second opinion on when he can have PR???

Not in spam and moderators don't delete posts...

Edit: Ah...mystery solved Petaltop

[Petaltop]

Just on this- do I have to have a CSI at the point of PR application, or would it have to be in place for the full 5 years preceding my application for PR?

I ask this because I have taken out several sickness insurances but most of them are based out of the UK. The UK CSI I had in place when I applied for my residence card has since lapsed and I have not renewed it- might it be worth me renewing it?

Did those policies give you full CSI in the UK?

You need CSI in place for the entire time that your partner is a student qualified person, just as he too needs a CSI or another countries EHIC, all the time while he is a student qualified person. You will have to provide these as proof when you try for PR (or whatever happens with Brexit).

Once your partner has his PR, then you don't need a CSI. You will still need 5 years minimum as a family member of an EU citizen. Some as a family member of a Student (with your CSI) and the rest while he has PR.

As said, if he goes for British citizenship, then he can't sponsor you anymore under EU free movement. I have no idea how this will work with Brexit and your partner wanting British citizenship to ensure he can stay in the UK.

[Petaltop]

Wow...where did that post go from the OP that said they had CSI in place and asking for a second opinion on when he can have PR???

Not in spam and moderators don't delete posts...

Edit: Ah...mystery solved Petaltop

LOL. I went to reply and it wouldn't let me - and then it was gone

[noajthan]

CSI (or suitable alternative) is required to have been place whilst sponsor was a student (or a selfsufficient) qualified person. Not just there on day of application.

1) If sponsor has acquired the holy grail of PR (the status not necessarily the DCPR) they are still able to sponsor you. They just don't have to exercise treaty rights anymore.

2) Noone knows.

If the traditional British sense of fair play comes to the fore one would hope there would be some sort of transitional arrangement put in place to cater for the thousands still 'in flight' on EU trajectory. Remains to be seen.

[sethamine]

Just on this- do I have to have a CSI at the point of PR application, or would it have to be in place for the full 5 years preceding my application for PR?

I ask this because I have taken out several sickness insurances but most of them are based out of the UK. The UK CSI I had in place when I applied for my residence card has since lapsed and I have not renewed it- might it be worth me renewing it?

Did those policies give you full CSI in the UK?

You need CSI in place for the entire time that your partner is a student qualified person, just as he too needs a CSI or another countries EHIC, all the time while he is a student qaulified person. You will have to provide these as proof when you try for PR (or whatever happens with Brexit).

Once your partner has his PR, then you don't need a CSI. You will still need 5 years minimum as a family member of an EU citizen. Some as a family member of a Student (with your CSI) and the rest while he has PR.

As said, if he goes for British citizenship, then he can't sponsor you anymore under EU free movement. I have no idea how this will work with Brexit and your partner wanting British citizenship to ensure he can stay in the UK.

@Petaltop: Thanks for the prompt replies and sorry for any confusion caused!

As per the CSI document you linked before, I had applied for my Residence Card prior to 22 June so I only needed to provide proof of my partner's CSI (as I said, he does have EHIC, but we provided proof of his CSI to circumvent the expectation that if you use EHIC as proof, one does not expect to stay in the UK permanently).

Anyhow, this means that I have no idea if my overseas insurance policies are qualify as CSI in the UK and if not, it means that I may have a gap in my ability to show proof of my own during this period which could prove tricky when I am applying for a PR down the line. :/ I guess I should take out a private sick insurance policy right this evening.

That being said, if my partner successfully applies for PR in September 2016 and I no longer require a CSI, this could be a way out?

[sethamine]

CSI (or suitable alternative) is required to have been place whilst sponsor was a student (or a selfsufficient) qualified person. Not just there on day of application.

1) If sponsor has acquired the holy grail of PR (the status not necessarily the DCPR) they are still able to sponsor you. They just don't have to exercise treaty rights anymore.

2) Noone knows.

If the traditional British sense of fair play comes to the fore one would hope there would be some sort of transitional arrangement put in place to cater for the thousands still 'in flight' on EU trajectory. Remains to be seen.

I was just reading up on this CSI requirement and it seems that it is required only by:

1) Self sufficient persons and
2) Students

As I have been employed since I got my Civil Partnership (May 2015), does this mean my 5 year clock has not been broken and that I am still okay to apply for PR in May 2020?

[noajthan]

You will only acquire PR in 2020 (if UK is still in EU by then) depending on sponsor's activities.

Your activity is immaterial in UK (as long as legal) as you are not exercising treaty rights;
as a family member you are simply benefiting from the treaty rights your sponsor is exercising as a qualified person.

CSI (or suitable alternative) is required to have been place whilst sponsor was a student (or a selfsufficient) qualified person. Not just there on day of application.

any subsequent applications (including for permanent residence) must show full compliance with the new requirements for CSI

Example of:

... a family member of an EEA national student who applies for a permanent residence card on 15th September 2015.
This application relies on a qualifying period of between September 2010 and September 2015. In this case therefore, we would require the family member to provide evidence that they also have CSI, in addition to their EEA national sponsor for the period between 22nd June 2015 and September 2015 (i.e the period after which the requirement to hold CSI was applied). For any period preceding 22nd June, evidence of CSI can be accepted for the EEA national only.

Ref https://www.gov.uk/government/uploads/s ... udents.pdf

[sethamine]

You will only acquire PR in 2020 (if UK is still in EU by then) depending on sponsor's activities.

Your activity is immaterial in UK (as long as legal) as you are not exercising treaty rights;
as a family member you are simply benefiting from the treaty rights your sponsor is exercising as a qualified person.

CSI (or suitable alternative) is required to have been place whilst sponsor was a student (or a selfsufficient) qualified person. Not just there on day of application.

any subsequent applications (including for permanent residence) must show full compliance with the new requirements for CSI

Example of:

... a family member of an EEA national student who applies for a permanent residence card on 15th September 2015.
This application relies on a qualifying period of between September 2010 and September 2015. In this case therefore, we would require the family member to provide evidence that they also have CSI, in addition to their EEA national sponsor for the period between 22nd June 2015 and September 2015 (i.e the period after which the requirement to hold CSI was applied). For any period preceding 22nd June, evidence of CSI can be accepted for the EEA national only.

Ref https://www.gov.uk/government/uploads/s ... udents.pdf

Thanks so much for the prompt reply!

It's all clear now- even if my partner has an EHIC, the time from the registration of my Civil Partnership (May 2015) till now will not count towards my PR clock if I am unable to show evidence of CSI from 22 June till now.

At least I caught the problem relatively early; my fingers are crossed that my overseas insurances are sufficient, if not I guess the 5 year clock starts today... :/

Really appreciate all your help anyhow!!!

[noajthan]

Thanks so much for the prompt reply!

It's all clear now- even if my partner has an EHIC, the time from the registration of my Civil Partnership (May 2015) till now will not count towards my PR clock if I am unable to show evidence of CSI from 22 June till now.

At least I caught the problem relatively early; my fingers are crossed that my overseas insurances are sufficient, if not I guess the 5 year clock starts today... :/

Really appreciate all your help anyhow!!!

Yes, I think you have got it. That would be my interpretation of your stated facts when the guidance is applied.

This internal HO guidance may give a steer on the type of policies that are accepted:
https://www.whatdotheyknow.com/request/ ... issued.pdf
- see section C.4.

Worst case: your foresight in obtaining a RC may pay off if any transitional arrangement (for Union citizens and family members) depends on someone holding such a confirmatory document by some (yet to be announced) key date.