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Guidance Required

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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Leokuang
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Posts: 2
Joined: Tue Oct 25, 2016 7:17 am

Guidance Required

Post by Leokuang » Tue Oct 25, 2016 7:31 am

Hi Everyone,

I hope this is the right place to post my request for guidance. Following is in simple and straight forward words.

I am Non EU . MY wife is EU national.

I have residence card for the last three years.

We married for three years.

My wife is in UK for the last four years.

So next year she will be able to apply for UK indefinite stay , or permanent residence which ever is applicable.

My question is when she get her permanent residence next year after completion of her five years in the country then what will be my status, Will i get permanent residence as well. Despite the fact that we are married for three years and i have residence card since then.

I will be very grateful for a kind and correct advice.

Thanks in advance,

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Guidance Required

Post by Casa » Tue Oct 25, 2016 8:57 am

Before your questions can be answered, what has your wife been doing in the UK during her 4 years here by way of exercising her Treaty rights as an EEA national (and your sponsor).

Has she been working? Or studying or self-sufficient with Comprehensive Sickness Insurance (CSI) :?:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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

Re: Guidance Required

Post by noajthan » Tue Oct 25, 2016 8:59 am

Leokuang wrote:Hi Everyone,

I hope this is the right place to post my request for guidance. Following is in simple and straight forward words.

I am Non EU . MY wife is EU national.

...

My question is when she get her permanent residence next year after completion of her five years in the country then what will be my status, Will i get permanent residence as well. Despite the fact that we are married for three years and i have residence card since then.

I will be very grateful for a kind and correct advice.

Thanks in advance,
Welcome.

Assuming she is a qualified person, spouse/sponsor will be able to apply for DCPR to confirm PR status.

You will not 'inherit' your sponsor's status.
You should acquire PR on 5th wedding anniversary;
(assuming UK is still in EU and you remain married to each other and you have no prolonged absences from UK).

Edit: beaten by Casa
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Leokuang
Newly Registered
Posts: 2
Joined: Tue Oct 25, 2016 7:17 am

Re: Guidance Required

Post by Leokuang » Tue Oct 25, 2016 11:43 am

Thanks noajtahn for your reply,

Casa , My wife has been working all these years and paying taxes. We have no major absences during the time as well.

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Casa
Moderator
Posts: 25786
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Guidance Required

Post by Casa » Tue Oct 25, 2016 9:19 pm

Leokuang wrote:Thanks noajtahn for your reply,

Casa , My wife has been working all these years and paying taxes. We have no major absences during the time as well.
Good. In which case follow noajthan's advice.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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