EEA - PR: Clarification needed on the date to apply.

[zeetopchoice]

Hi All,

TimeLine Events:

05 Jan 2007: Entered UK on Student Visa valid until 30 May 2008

05 Jan 2007: Met my now wife on the same day but at the time she was married.

30 May 2008: Extended to student Visa until 31 Aug 2009

23 Oct 2009: Extended to T4 General Student Visa until 30 Nov 2010 (I applied in August, 2009 but there were some issues and visa issue date states 23 Oct 2009)

01 May 2009: My now wife and I start living together after her marriage broke down

16 Sep 2010: Extended to T1 Post Study Work until 16 Sep 2012

26 Nov 2010: Certificate of entitlement to a decree for my spouse

07 Jan 2011: Decree Absolute issued for my spouse

26 Jul 2011: Proposed to get married

22 Sep 2011: Notice to get married

10 Oct 2011: Got married at religious center (We weren't aware registrar need to be present)

17 Jul 2012: EEA2 Application submitted

04 Sep 2012: Got married again in presence of registrar

11 Sep 2012: Wrote a letter to case worker along new marriage certificate explaining the situation

29 Nov 2012: EEA family member visa issued until 29 Nov 2017

Currently happily married with two kids and in process of buying our own house.

I am confused in the context that exactly when can I apply for EEA-PR? Government Website state following:

Getting permanent residence status
You automatically have permanent residence status (sometimes called the ‘permanent right to reside’) if you’ve lived in the UK for 5 years as a ‘qualified person’.

I work for a big organisation and worried that if I applied for Visa at end of 5 years this can jeopardise my contract. Any advice will be highly appreciated.

[noajthan]

What visa do you mean?
There is no 'visa' on EU migration route.

Assuming you are non-EEA your activity in UK is immaterial.

You may have acquired PR 5 years after marriage assuming that:

• spouse/sponsor has been exercising treaty rights (or is settled);

AND

• any/all absences (both parties) kept within limits;

[zeetopchoice]

What visa do you mean?
There is no 'visa' on EU migration route.

Assuming you are non-EEA your activity in UK is immaterial.

You may have acquired PR 5 years after marriage assuming that:

• spouse/sponsor has been exercising treaty rights (or is settled);

AND

• any/all absences (both parties) kept within limits;

Thanks for your reply.

I am referring to PR at the of end of my 5 years EEA family member certificate.

Spouse/Sponsor has been exercising treaty rights without any absences a apart from maternity leave.

For employment purposes do I need to have a PR certificate after 5 years?

Also which date will qualify me to apply for PR? Is it the date I got married in presence of registrar or marriage took place earlier?

[noajthan]

Thanks for your reply.

I am referring to PR at the of end of my 5 years EEA family member certificate.

Spouse/Sponsor has been exercising treaty rights without any absences a apart from maternity leave.

For employment purposes do I need to have a PR certificate after 5 years?

Also which date will qualify me to apply for PR? Is it the date I got married in presence of registrar or marriage took place earlier?

PR is optional unless you have ambitions for citizenship.

You need to present a valid marriage certificate, the 5 year PR clock starts from then.

[zeetopchoice]

Thanks for your reply.

I am referring to PR at the of end of my 5 years EEA family member certificate.

Spouse/Sponsor has been exercising treaty rights without any absences a apart from maternity leave.

For employment purposes do I need to have a PR certificate after 5 years?

Also which date will qualify me to apply for PR? Is it the date I got married in presence of registrar or marriage took place earlier?

PR is optional unless you have ambitions for citizenship.

You need to present a valid marriage certificate, the 5 year PR clock starts from then.

So it will be 04 Sep 2012: Got married again in presence of registrar.

I was hoping to apply earlier to avoid any issues with currently employer.

Thanks a lot for your help.