Non-EEA family member PR

[shalala]

Dear All,

Me (a Polish national) and my partner (a Pakistani national) have been together since March 2012. We entered a civil partnership in April 2013 (my partner was here on a student visa to do his postgrad studies and then he was offered a post-study visa, he came to the UK in 2010). In 2013 we applied for his EEA family card, which was issued quickly for a period of 5 years.

We applied for permanent residence together in April 2017 (he was asked for his biometrics in July 2017). In October 2017 (after nearly 6 months since making the application) we were requested to attend an interview in Liverpool to (I believe) prove that our relationship is not a sham. We provided piles of evidence and the interviewer seemed satisfied.

It has been only two days and we received an email from the person dealing with our application saying that my partner's application is going to be refused since have not been in a civil partnership for a period of 5 years to qualify for permanent residence (5 years will pass in April 2018). The person offered us to issue a residence card for my partner (valid for 5 years, not permanent) and advised that my partner will be able to apply for PR after 5 years of our civil partnership has passed or before the expiry of residence card.

I have a few questions to more experienced forum members:

1) I remember reading somewhere that the 5 years period starts when our relationship begins (e.g. start living together) and not from the date of the marriage/civil partnership. I have tried to look for this info but cannot find it anywhere. Would anyone be able to advise/comment on this from their own experience.

2) Regarding my own application - I have not received any correspondence whatsoever regarding my own application (everything was always addressed to my partner) I have been in the UK for over 6 years and have always been employed and also a student for a 5 year period. Do I have anything to worry about since they have not mentioned anything about my own case?

3) We have 5 days to reply and confirm whether my partner wants to be issued with the (non-permanent) residence card or otherwise they will refuse his application.

I would be extremely grateful for any comments or advice from fellow forum members.

Kind Regards,
Damian

[Jbkhan32]

1.Non EEA nationals PR time starts after you entered into civil partnership.
2.wait for a decision.
3.say yes for another 5 years RC

[Hstepper07]

Dear All,

Me (a Polish national) and my partner (a Pakistani national) have been together since March 2012. We entered a civil partnership in April 2013 (my partner was here on a student visa to do his postgrad studies and then he was offered a post-study visa, he came to the UK in 2010). In 2013 we applied for his EEA family card, which was issued quickly for a period of 5 years.

We applied for permanent residence together in April 2017 (he was asked for his biometrics in July 2017). In October 2017 (after nearly 6 months since making the application) we were requested to attend an interview in Liverpool to (I believe) prove that our relationship is not a sham. We provided piles of evidence and the interviewer seemed satisfied.

It has been only two days and we received an email from the person dealing with our application saying that my partner's application is going to be refused since have not been in a civil partnership for a period of 5 years to qualify for permanent residence (5 years will pass in April 2018). The person offered us to issue a residence card for my partner (valid for 5 years, not permanent) and advised that my partner will be able to apply for PR after 5 years of our civil partnership has passed or before the expiry of residence card.

I have a few questions to more experienced forum members:

1) I remember reading somewhere that the 5 years period starts when our relationship begins (e.g. start living together) and not from the date of the marriage/civil partnership. I have tried to look for this info but cannot find it anywhere. Would anyone be able to advise/comment on this from their own experience.

2) Regarding my own application - I have not received any correspondence whatsoever regarding my own application (everything was always addressed to my partner) I have been in the UK for over 6 years and have always been employed and also a student for a 5 year period. Do I have anything to worry about since they have not mentioned anything about my own case?

3) We have 5 days to reply and confirm whether my partner wants to be issued with the (non-permanent) residence card or otherwise they will refuse his application.

I would be extremely grateful for any comments or advice from fellow forum members.

Kind Regards,
Damian

You partner got the 5 yr eea permit from 2013 based on entering into a civil partnership with you and not based on a durable relationship that you are thinking of and so you cannot combine the 2.
It is better to accept another residence card for partner and then apply for a PR in April 2018
If you exercised treaty right as a student, you do not need to worry about anything if you had a comprehensive health insurance throughout the 5yr period + other relevant documents. Just wait for your application to be processed. Good luck