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kindly seeking advice

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

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Sacha000
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Posts: 8
Joined: Thu Apr 13, 2017 9:12 pm

kindly seeking advice

Post by Sacha000 » Tue Apr 18, 2017 12:55 pm

Hi all I posted a post a few days ago but I might have not been clear enough about my situation:

I moved from Holland in October 2010 to the UK and been living and working since then which is almost 7 years now. My husband joined me in October 2011 and got his EEA permit in august 2012 for 5 years. At the end he will have to apply for his PR on base of my details. So, I was wondering that, if it is based on my details, then can I apply for his PR before august 2017, as I am working and living in UK for almost 7 years now.

I am getting so insecure and anxious about this whole situation as I, if we need to leave, do not have anywhere to go. We got our own mortgage house and a baby we gained the British nationality for. I need to apply for my PR yet as well but solicitor advised to wait till July 2017 and apply for me and my husband at same time. After getting my PR I also want to apply for British nationality will this all be possible before march 2019 based on my solicitors advice?
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secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: kindly seeking advice

Post by secret.simon » Tue Apr 18, 2017 1:41 pm

If you have been exercising treaty rights throughout (from October 2010 till atleast October 2015) AND if your husband was married to since before October 2011 (when he came to the UK) AND assuming no absences of more than six months from the UK for either of you, then both of you have already acquired PR automatically; you in October 2015 and him in October 2016.

If he married you after October 2011 OR you had a break in exercising treaty rights, those dates would of course be different.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
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Sacha000
Newly Registered
Posts: 8
Joined: Thu Apr 13, 2017 9:12 pm

Re: kindly seeking advice

Post by Sacha000 » Tue Apr 18, 2017 2:09 pm

secret.simon wrote:If you have been exercising treaty rights throughout (from October 2010 till atleast October 2015) AND if your husband was married to since before October 2011 (when he came to the UK) AND assuming no absences of more than six months from the UK for either of you, then both of you have already acquired PR automatically; you in October 2015 and him in October 2016.

If he married you after October 2011 OR you had a break in exercising treaty rights, those dates would of course be different.
Yes my solicitor said that I can apply whenever I want to for my PR. He said that my husband couldn't do because he can only apply a month before his permit expires. To save us time he advices to apply together. I wish and like to know if I can apply before the expiry date or is it necessarily to apply a month before? Thanks
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