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Can I apply for PR

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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MonirAmal
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Posts: 1
Joined: Sat May 06, 2017 9:37 am

Can I apply for PR

Post by MonirAmal » Sat May 06, 2017 9:53 am

Hello,

My Wife and I have been Married for 5 years now, and I am a British Citizen and she is Moroccan. When we first got married I was working in Germany, so we lived there for one year and then months.

Then we entered the uk, where she applied for "Residence Card of a Family Member of an EEA National" via the Surinder Singh Case which was in June of 2014.

As we have already been married for 5 years within Europe, is it possible for her to apply for Indefinite Leave to Remain. Or do we have to wait until she has been in the UK for 5 years.If it is until she has been in the UK for 5 years, is this from the day she stepped into the uk? or the dat she received her Residence card.

Thank you Very much for your help!!
Much Appreciated!

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

Re: Can I apply for Indefinite Leave to Remain

Post by Casa » Sat May 06, 2017 10:13 am

The period of residence in another EU State won't qualify for PR.

Your wife will be able to apply for PR after she has completed 5 years of residence in the UK, during which you are now required to have been exercising your Treaty rights throughout her qualifying period. Previously this wasn't necessary for a British sponsor under the SS route.
(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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