PR application for EU and Non-EU couple

[Mannoqamar]

Hi all,

I am a non-EU husband of an EU wife. I have been living in UK for more than 10 years (don't want to apply ILR because of its fee) but my Mrs came in Oct 2011 (when we got married) from Denmark. She started working 21st May 2012 and still is. We both will be eligible to apply for PR on exactly 21st May 2017 on the basis that she has been a qualified person for 5 years.

My question is that if she leave her job in mid April 2017 (just a month before having her 5 years completed in this job) would we still be able to apply the PR because we are just few days short of the 5 year time? Problem is she has been offered a temporary job in other EU country and they are desperate for her to start as early as 1st May 2017. This new job is important for her long term career even though it is temporary.

It is a complex situation and any help in this regard will be gratefully appreciated. Thanks.

[kamoe]

Hi all,

My question is that if she leave her job in mid April 2017 (just a month before having her 5 years completed in this job) would we still be able to apply the PR because we are just few days short of the 5 year time?

Was she a qualified person between Oct 2011 and May 2012? (student, job seeker, self-sufficient, self-employed). If so, the 5-year clock might have started a early as Oct 2011 (and she could qualify now). If not, I would think no, she will not qualify for PR, strictly speaking, as the 5-year period will not technically be complete (but curious to see if someone else has any specific experience on this point).

Problem is she has been offered a temporary job in other EU country and they are desperate for her to start as early as 1st May 2017. This new job is important for her long term career even though it is temporary.

How temporary is temporary? Be careful. If she leaves the UK for more then 2 consecutive years after her qualifying 5-year period, she will lose her right to apply for PR (although I'm not sure if this applies to people who already have PR.)

Also, if she does not complete the 5 years now, and does not apply for PR, then she will break -and loose- the almost 5-year qualifying period and her clock will be restart to zero when she comes back, regardless of the length of the absence.