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Permenant residence requirement before 5 years

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Seeker111
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Joined: Mon Jun 15, 2015 11:54 am

Permenant residence requirement before 5 years

Post by Seeker111 » Sat Feb 04, 2017 4:57 pm

Hello everyone,
In urgent need of some advice pls.
(Non-eu) has residence card for past two years and eu partner is thinking about taking up a job in france. For non-eu to continue living in the uk what would be the right step to take.
As per uk ba website:
Permenant residence can be applied before 5 years on residence card if

"or self-employed in another EEA state but are still resident and return to the UK at least once a week)"

Please advise, any input will be greatly appreciated.
Thank you

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

Re: Permenant residence requirement before 5 years

Post by noajthan » Sat Feb 04, 2017 5:22 pm

How long has sponsor been a qualified person and working in UK?

See Reg 5:
http://www.eearegulations.co.uk/Regs201 ... ulation_05
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Seeker111
Newly Registered
Posts: 22
Joined: Mon Jun 15, 2015 11:54 am

Re: Permenant residence requirement before 5 years

Post by Seeker111 » Sat Feb 04, 2017 5:44 pm

eu partner is a qualufied person for over 10 years.
What are the exact requirements pls. Cant work out this link as its for ceased activity i think. Can you pls list in simple words.
Many thanks

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

Re: Permenant residence requirement before 5 years

Post by noajthan » Sat Feb 04, 2017 6:13 pm

Seeker111 wrote:eu partner is a qualufied person for over 10 years.
What are the exact requirements pls. Cant work out this link as its for ceased activity i think. Can you pls list in simple words.
Many thanks
I don't know much about it, not many members seems to take this route.

But if you meet requirements of Regulation 5 via your sponsor then you may have PR confirmed even before 5 years residence in UK.
So your sponsor has to be a worker in a.n.othe EU/EEA country and maintain a residence in UK and come back to it every week. And be able to prove it.

Is that the plan?
5(4) The condition in this paragraph is that the person—

(a) is active as a worker or self-employed person in an EEA State but retains a place of residence in the United Kingdom and returns, as a rule, to that place at least once a week; and

(b) prior to becoming so active in the EEA State, had been continuously resident and continuously active as a worker or self-employed person in the United Kingdom for at least three years.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Seeker111
Newly Registered
Posts: 22
Joined: Mon Jun 15, 2015 11:54 am

Re: Permenant residence requirement before 5 years

Post by Seeker111 » Sat Feb 04, 2017 6:49 pm

Thanks for explaning. Yes thats how it will be.

When should i apply it. Before or after eu partner start working in france.

Seeker111
Newly Registered
Posts: 22
Joined: Mon Jun 15, 2015 11:54 am

Re: Permenant residence requirement before 5 years

Post by Seeker111 » Sat Feb 04, 2017 6:51 pm

Also what are the benefits of PR over resident card that i have now.

Thank you

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

Re: Permenant residence requirement before 5 years

Post by noajthan » Sat Feb 04, 2017 9:23 pm

RC confirms the temporary status you have now.
If sponsor leaves UK then you will have no right to reside in UK.
Sponsor returning once a week is not enough.

However, if you do acquire PR that's settled status.
The clue is in the name: permanent.
Unless you leave UK for 2 years.

Apply once you have evidence sponsor has left and is living/working in France and is returning once a week.
Rock-solid evidence, as always.

Of course status is unclear once UK leaves EU but not much to be done about that.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Seeker111
Newly Registered
Posts: 22
Joined: Mon Jun 15, 2015 11:54 am

Re: Permenant residence requirement before 5 years

Post by Seeker111 » Sat Feb 04, 2017 9:33 pm

Thank you very much for the detailed reply. We will consider everything before making a decision.

Thanks again.

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