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Permanent resdency if I marry a EU citizen with PR already

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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Mayte
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Posts: 7
Joined: Tue Jul 05, 2016 9:50 pm

Permanent resdency if I marry a EU citizen with PR already

Post by Mayte » Fri Oct 14, 2016 2:20 pm

Hi, I am european, living here since 2008 but not exercising treaty rights continuisly for 5 years. I am self employed since March 2013 and claiming working tax credits since that date until May 2016 when I was in a relationship with another EU citizen, who has PR since summer 2015. I have 2 bristish children (one naturalized, the other by birth) whose father is my partner now (not in a relationship before). my questions are:
1. If I marry my partner now, am I granted PR straight away if he is my sponsor? In that case, would I have to wait one more year to apply for British citizenship?
2. During the years I was self employed and getting tax credits (march 2013-May 2016), do these years count towards my 5 years exercising treaty rights? Not sure because I wasn't completely independent and relied on benefits a little bit. But I was looking after 2 under 5s, and working full time is just impossible.

Do you have any suggestion how I can be eligible for PR in my situation? Never a student with private healthi cover, on benefits for more than 6 months etc... Although it can be seen that I am not a burden to society as I have progressed very well and I am stable now, and in a relationship who supports me (we share bills in bothsp names or same address).

Any help welcome,
Thanks!

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent resdency if I marry a EU citizen with PR alrea

Post by noajthan » Fri Oct 14, 2016 2:29 pm

Mayte wrote:Hi, I am european, living here since 2008 but not exercising treaty rights continuisly for 5 years. I am self employed since March 2013 and claiming working tax credits since that date until May 2016 when I was in a relationship with another EU citizen, who has PR since summer 2015. I have 2 bristish children (one naturalized, the other by birth) whose father is my partner now (not in a relationship before). my questions are:
1. If I marry my partner now, am I granted PR straight away if he is my sponsor? In that case, would I have to wait one more year to apply for British citizenship?
2. During the years I was self employed and getting tax credits (march 2013-May 2016), do these years count towards my 5 years exercising treaty rights? Not sure because I wasn't completely independent and relied on benefits a little bit. But I was looking after 2 under 5s, and working full time is just impossible.

Do you have any suggestion how I can be eligible for PR in my situation? Never a student with private healthi cover, on benefits for more than 6 months etc... Although it can be seen that I am not a burden to society as I have progressed very well and I am stable now, and in a relationship who supports me (we share bills in bothsp names or same address).

Any help welcome,
Thanks!
1) No PR is not 'inherited' and does not rub off onto someone else.
It (normally) takes 5 years to acquire PR.

2) Maybe.
Depends if you can show work was genuine and effective;
and
you pass UK's somewhat controversial PET/MET test too (over and above cleaner, purer EU law).

Do you have a 5 year period of treaty rights in own right and/or as dependent of another Union citizen?

Note If an unmarried partner/dependent you would need to have had an EFM RC (via that sponsor) in order to count that time towards acquiring PR.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Mayte
Newly Registered
Posts: 7
Joined: Tue Jul 05, 2016 9:50 pm

Re: Permanent resdency if I marry a EU citizen with PR alrea

Post by Mayte » Fri Oct 14, 2016 2:51 pm

Ok, thank you. So it seems there is nothing I can do but wait 14 more months and apply fo PR myself andsee what happens. My minimun income was £650 per month and I have invoices, clients letters etc.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent resdency if I marry a EU citizen with PR alrea

Post by noajthan » Fri Oct 14, 2016 2:58 pm

Mayte wrote:Ok, thank you. So it seems there is nothing I can do but wait 14 more months and apply fo PR myself andsee what happens. My minimun income was £650 per month and I have invoices, clients letters etc.
What happens in 14 months time?

Suggest draw up timeline of dates, activity/ies;
Also
  • sponsor (if any);
    possession of RC (if any);
    prolonged absences from UK (if any);
- since arriving in UK
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Re: Permanent resdency if I marry a EU citizen with PR alrea

Post by Obie » Fri Oct 14, 2016 5:22 pm

Unless your partner obtained his PR via Regulation 15(1)(c), you will need to wait for 5 years after your marriage to qualify for PR.
Smooth seas do not make skilful sailors

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