NON EEA Applying for Permanent Residence card

[jhaboy]

Hi Everyone,

I hope anyone can help me in relation to what documents to provide as a non EEA national who is applying for permanent residence card. So I am relying on period starting Sep 2011 till March 2018.

So far as a NON EEA I have got:

p60 for 5 years- starting 2013 till 2018

Council tax on Joint names for 5 years - starting sep 2012 till 2018.

marriage certiffiacte - Got married in 2015.

Mortgage letter - Bought home in 2016.

For my partner EEA national -

p60 - starting 2012 till 2018

Payslips - starting sep 2011 till today date

P4 - to cover each job she has changed

Council tax on Joint names for 5 years

So my overall question is, I am safe to apply for PR on the basis I have got above documents or should I add anything more.

Thanks

[Obie]

You do not qualify as you only got married in 2015.

You will Qualify on the 5th Anniversary of your marriage.

[jhaboy]

You do not qualify as you only got married in 2015.

You will Qualify on the 5th Anniversary of your marriage.

Many thanks for your reply. But I am living with my wife (in the relationship) for more than 6 years so 3 years as an unmarried partner which I can prove and 3 years as a married couple.

Is that still the case. I am not qualified.

[Obie]

Did you receive residence card as unmarried partner?

[jhaboy]

Did you receive residence card as unmarried partner?

Yes I did in 2014 on the basis I was living with wife as an unmarried partner.

[CR001]

Then you qualify for PR in 2019, 5 years from date of RC as your rights as an unmarried partner are not automatic (ie. prior to RC being issued).

[Obie]

There are some indication from the caselaw, that there are cases were it will be wrong under EU law for the Home Office to refuse a Residence card to an Extended family member, and if this is the case, then they may be entitled. But that will require a tough fight.

[jhaboy]

Then you qualify for PR in 2019, 5 years from date of RC as your rights as an unmarried partner are not automatic (ie. prior to RC being issued).

Thank you so much for your advice but I will try my luck anyway. Not sure how do I loose my right as an unmarried partner if i got married. I got the residence card in 2014 on the basis I was living with my partner for more than 2 years as an unmarried couple and provided evidence for that.

[CR001]

Rights are automatic if you are married. Not the case for an Extended Family member as an unmarried partner as your rights start when RC is issued.

What was your immigration status before the RC??

[Obie]

You can combine period as married and unmarried couple. However to acquire rights as unmarried partner, you will need to have a Residence Card. So CROO1 is correct in that respect.

[jhaboy]

You can combine period as married and unmarried couple. However to acquire rights as unmarried partner, you will need to have a Residence Card. So CROO1 is correct in that respect.

Many thanks for the clarification which I really appericiate that !!! Really confused now to be honest !!1

So I will try to keep my case brief.

Lived with my partner since sep 2011 till today date.
I was on Post study work Visa (PSW).
Apllied for residence card in 2014 on the basis I have lived and in the relationship with EEA national since 2011.
Got the residence card in 2014 which expires in 2019.
Got married in 2015.

So NOW are you guys saying I cannot not rely on period starting 2011 till now and have to wait till 2019. So I do not qualify for PR. Or should I try my luck.

[CR001]

Your time counts from the date your RC was issued not from when you started living together. PSW also is irrelevant.

You can apply, likely be refused, and you will lose your £65.

[jhaboy]

Your time counts from the date your RC was issued not from when you started living together. PSW also is irrelevant.

You can apply, likely be refused, and you will lose your £65.

Thank you so much but I still do not understand why HO will not count my time spent together before RC was issues despite I have all evidence.

[CR001]

Makes no difference how much paperwork you have

As an unmarried partner, you are an extended family member and do not have any automatic rights under the EU rules. Your rights start from the date your RC is issued and that is when the 5 years qualifying period starts.

Had you been married from 2011, your rights under the EU rules would have been automatic as the spouse if an EU citizen as you would be considered a direct family member.

I cannot explain any more simply than that.

[jhaboy]

Makes no difference how much paperwork you have

As an unmarried partner, you are an extended family member and do not have any automatic rights under the EU rules. Your rights start from the date your RC is issued and that is when the 5 years qualifying period starts.

Had you been married from 2011, your rights under the EU rules would have been automatic as the spouse if an EU citizen as you would be considered a direct family member.

I cannot explain any more simply than that.

Sorry for explaning the same thing again !!! I really appericiate your time and efforts for puting me in the right direction.

So what happens when new "Setlled visa" introduced late this year and it clearly says when UK leaves the EU in march 2019 residence card wont be valid.

My visa expires next May 2019 so what will I do then ?