Family of EEA - permanent residence

Is the sponsor an EU/EEA or Swiss national ? To what extent is freedom of movement still restricted for same-sex couples in the EU ? Do you have experience of immigration bureaucracy in other European countries ? Please also visit EU/EEA page in the main website

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Allmytime
Posts: 19
Joined: Sat Sep 14, 2013 8:33 pm

Family of EEA - permanent residence

Post by Allmytime » Sun May 10, 2015 8:53 pm

Hi all

I am a non-EU national who has been a family member of my EU national partner since 2013.
I understand that I would be automatically be a permanent resident after 5 years, but what I want to find out is whether I actually have the right to be a permanent resident already as my partner has been in the UK for more than 10 years exercising EU treaty right (i.e., he can be a permanent resident already too)?

aeavator
Posts: 10
Joined: Fri Jan 24, 2014 3:16 am

Re: Family of EEA - permanent residence

Post by aeavator » Mon May 11, 2015 12:11 pm

Hi Allmytime

Your partner had automatically gain permanent residence after being continuously exercising his treaty rights in the UK, your case is exactly the same, but the timeframe will be counted from the day you became a family member, for example: if you got your CP done in 2013, lets say 01/01/2013, for example purposes, then your five years will count from that day, the fact that your CP has a permanent resident would not give you a direct permanent residence to you, un directive 2004/38, you still need to meet the continuously 5 years residence before gaining your permanent residence, so if we use the dates of the above example, you will gain the permanent residence on 01/01/2018, and you would qualify for British Citizenship one year after, so in 2019, as you have to be for at least 12 month without immigrations restriction before applying.

Hope that clearest it out for you

Allmytime
Posts: 19
Joined: Sat Sep 14, 2013 8:33 pm

Re: Family of EEA - permanent residence

Post by Allmytime » Mon May 11, 2015 12:46 pm

Hi thanks a lot for the above clarification aeavator.

Ok, so for example, I'm thinking of applying for a loan that says I have to " Have unlimited right to remain in the UK". Does this mean I am not eligible to apply for this loan as I am not a permanent resident ?


Thanks in advance :)

Allmytime
Posts: 19
Joined: Sat Sep 14, 2013 8:33 pm

Re: Family of EEA - permanent residence

Post by Allmytime » Mon May 11, 2015 1:18 pm

Allmytime wrote:Hi thanks a lot for the above clarification aeavator.

Ok, so for example, I'm thinking of applying for a loan that says I have to " Have unlimited right to remain in the UK". Does this mean I am not eligible to apply for this loan as I am not a permanent resident ?


Thanks in advance :)

Sorry, just wanted to add one more thing. Would my current status be deemed to "have the right to live and work in the UK without restriction"? Or am I restricted some way cos I am not a permanent resident ?

martyn
Senior Member
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Location: Nuneaton

Re: Family of EEA - permanent residence

Post by martyn » Mon May 11, 2015 2:20 pm

I think you need to ask them what they mean by that. Your status is clear under the immigration rules. You do currently have the right to live and work in the UK without restriction provided your partner remains here, and you don’t get divorced! In 2018 you will gain that right for yourself.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

Allmytime
Posts: 19
Joined: Sat Sep 14, 2013 8:33 pm

Re: Family of EEA - permanent residence

Post by Allmytime » Mon May 11, 2015 4:53 pm

martyn wrote:I think you need to ask them what they mean by that. Your status is clear under the immigration rules. You do currently have the right to live and work in the UK without restriction provided your partner remains here, and you don’t get divorced! In 2018 you will gain that right for yourself.
Okay... So could you kindly clarify my understanding: so I guess my right in the UK is wholly dependent on my partner and that I have no right to reside permanently until after 5 years in 2018. In which case I would have to answer "no" to a permanent residency question ("have been been granted permanent resident in the UK/EU ?"), but can answer yes to "have you got the right to live /work without restriction?".

aeavator
Posts: 10
Joined: Fri Jan 24, 2014 3:16 am

Re: Family of EEA - permanent residence

Post by aeavator » Mon May 11, 2015 5:04 pm

you have the right to reside in the UK, but for the first five years, they are conditional rights, meaning, that they will depend on the basis that your CP (EU national) is exercising his treaty rights, in this case working, you would be entitle to anything he is entitle to, as long as your are CPs, right after the fifth anniversary of your CP, then you will gained the permanent resident status, meaning that if you separated, or for any reason your CP needs to move to a different country, you can stay here on your own right.

So you have the right to work/live without restriction as a family member of an EU citizen, as you have the RC, however, until 2018 you aren't a permanent resident.

Allmytime
Posts: 19
Joined: Sat Sep 14, 2013 8:33 pm

Re: Family of EEA - permanent residence

Post by Allmytime » Mon May 11, 2015 9:43 pm

Brilliant, that clarified everything about what I wanted to know, thanks Matyn and aeavator for your help!

I have last query; Due to my personal circumstance, I am considering a way to speed up my right for permanent residence. My current status as family member of EU has been difficult as I cannot get onto courses / loan funding I would really need even with my partners support.

I actually have been in the uk lawfully since 2005 that meets criteria for eligibility to apply for 10 year long resident route indefinite leave to remain. I would like to consider applying for this ILR because waiting until 2018 for permanent resident status would hinder my personal/career development and prevent what we as partner want to achieve in timely manner together.

Is this case, do you think going for 10 years route ILR is the right option ? Or is there any other way to help me to achieve permanent residency status quickly?

JuaVier
Posts: 25
Joined: Sun Oct 23, 2011 10:32 pm

Re: Family of EEA - permanent residence

Post by JuaVier » Sun Jul 12, 2015 7:29 pm

Hi,

Just a quick question, to apply for any loan you are required to have permanent residency, having EEA2 gives you automatically the right to residence indefinitely after 5 years, how do you prove to the bank you have permanent residency without having the EEAPR? do you have to apply for that before taking any loan? Thanks a lot.

martyn
Senior Member
Posts: 3276
Joined: Thu Sep 07, 2006 9:08 pm
Location: Nuneaton

Re: Family of EEA - permanent residence

Post by martyn » Fri Jul 17, 2015 3:50 pm

You don’t have PR until you have been here 5 years. You will get it automatically, provided you are still eligible, and you are not required to get the official endorsement in your passport but having it makes it easy to prove to people – like banks when you want a loan – that you are a permeant resident.
Any responses on this forum represent the opinion of the writer only
If you need legal advice, see http://uklgig.org.uk/?page_id=100 for a list of solicitors

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