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Hello there

I am currently on a ' Residence Card of a family member of an EEA National ' and it expires very soon. I would please appreciate some help with regards to my next step ? Do I have to apply for ' Indefinite Leave to Remain ' or a ' Permanent Residence ' Card ? Are there any major differences between the two ? Thank you in advance.

Kind Regards
Allerton

allerton wrote:Hello there

I am currently on a ' Residence Card of a family member of an EEA National ' and it expires very soon. I would please appreciate some help with regards to my next step ? Do I have to apply for ' Indefinite Leave to Remain ' or a ' Permanent Residence ' Card ? Are there any major differences between the two ? Thank you in advance.

Kind Regards
Allerton

Indefinite leave to remain (ILR) is only available to those on UK visa routes. You need to apply for a permanent residence (PR) card under the EEA regulations. You'll be glad to know the application for a PR card is only £65, whereas for ILR it is £1875.

Have you completed 5 years residence in the UK as the family member of an EEA qualified person?

Thank you very much for your prompt response. My 5 year completion of 5 years is officially on the 26 of August 2016. So just over a month and a half. I already passed my B1 English exam and Life in the UK exam. Can I apply 1 month in advance ?

Thanks again

Allerton

How is your EEA sponsor exercising their Treaty rights in the UK? Have they been employed during your 5 year qualifying period? Or have they been studying or residing as self-sufficient with Comprehensive Sickness Insurance (CSI)?
You can't apply for PR one month in advance, you need have completed the 5 year period. By the way, those on the EEA route only require B1 level English and LIUK when applying for British citizenship, not PR.

Casa wrote:You can't apply for PR one month in advance, you need have completed the 5 year period.

Just to clarify, as Allerton looks confused.

1) You (=Allerton) automatically acquire permanent residence (PR) at the completion of a 5 year period of your sponsor 'exercising treaty rights', typically by working.
2) Once you have acquired PR, you may apply for a permanent residence card (PRC) to confirm that you hold it.
3) The government is obliged to issue it, if you have indeed acquired PR, within 6 months of your application. The date of your application is deemed to be when payment has been taken and biometrics have been enrolled. This can be a month later than when you sent in the application.
4) The PRC shows the date when it was issued, note the date at which you acquired PR.
5) You have to have acquired PR at least12 months before you apply for British citizenship, as you are not married to a British citizenship. As your freedom from a time limit on your stay depends on having PR, you must submit a PRC with your application. The Home Office has recorded the date on which you are believed to have acquired PR.

Normally, it would make no difference for British citizenship whether you could apply a month early or not.

Richard W wrote:

Casa wrote:You can't apply for PR one month in advance, you need have completed the 5 year period.

Just to clarify, as Allerton looks confused.

1) You (=Allerton) automatically acquire permanent residence (PR) at the completion of a 5 year period of your sponsor 'exercising treaty rights', typically by working.
2) Once you have acquired PR, you may apply for a permanent residence card (PRC) to confirm that you hold it.
3) The government is obliged to issue it, if you have indeed acquired PR, within 6 months of your application. The date of your application is deemed to be when payment has been taken and biometrics have been enrolled. This can be a month later than when you sent in the application.
4) The PRC shows the date when it was issued, note the date at which you acquired PR.
5) You have to have acquired PR at least12 months before you apply for British citizenship, as you are not married to a British citizenship. As your freedom from a time limit on your stay depends on having PR, you must submit a PRC with your application. The Home Office has recorded the date on which you are believed to have acquired PR.

Normally, it would make no difference for British citizenship whether you could apply a month early or not.

5) @ Allerton. For further clarity, immediately after marrying in January 2017 you will be able to apply for BC immediately without completing 5 years on PR. Assuming you meet all the standard requirements, permitted absences, English language etc.

Moved to appropriate forum

Casa wrote:5) @ Allerton. For further clarity, immediately after marrying in January 2017 you will be able to apply for BC immediately without completing 5 years on PR. Assuming you meet all the standard requirements, permitted absences, English language etc.

I'm sorry if I'm being obtuse, but have you, Casa, confused Allerton with Azurite? Even then, this 'clarification' looks garbled - '5 years' for '12 months'?

Once again thank you everyone for your responses. Yes,my wife has been in employment throughout her time in the UK. She had no absences from work apart from annual leave. Our leave outside the UK ( holidays abroad ) during the 5 years never equated to more than 1 month for each of the 5 years. She has changed jobs though during the 5 years. That shouldn't be a problem right ?

Another question- Can my wife ( European ) apply for Nationalisation straight away ? Or does she also have to apply for a ' Permanent Residence ' first and wait 12 months ?

Unless you have been granted British citizenship she will have to complete a further 12 months before qualifying for BC.

Note the 12 months free of immigration time restrictions for those on an EU migration trajectory and not enjoying marriage to a BC means since acquiring PR / settled status;
this may not be the same as holding a confirmation of PR card for 12 months as, in some cases, PR may have been acquired (way back) in the past.

Applicant needs a confirmation of PR card before shooting for naturalisation.
('Nationalisation' was done away with decades ago).

Hello again everyone

Can my wife ( European ) and I apply for our PR at the same time ? IE: She includes me on the application ? Or should I fill out the application and Include my wife ( sponsor ) ? Who should be the main applicant ?

allerton wrote:Hello again everyone

Can my wife ( European ) and I apply for our PR at the same time ? IE: She includes me on the application ? Or should I fill out the application and Include my wife ( sponsor ) ? Who should be the main applicant ?

If both of you have been in UK for at least 5 years and have been married for at least 5 years and sponsor has been exercising treaty rights as a qualified person then you can apply together; Union citizen as main applicant and you as family dependent.

Good evening all

I was just wondering after filling in the application for PR. Does the nationality checking service check applications for PR ? Or just applications for ILR and Nationalisation ? Thanking you in advance.

No, for PR you are on your own.

Hello all

My wife ( EEA National ) is the main applicant and she is including me (non EEA ) as a family member on the PR application EEA (PR). Do we need to complete section 2 and 11 ? You help will be much appreciated. Thanks in advance.

allerton wrote:Hello all

My wife ( EEA National ) is the main applicant and she is including me (non EEA ) as a family member on the PR application EEA (PR). Do we need to complete section 2 and 11 ? You help will be much appreciated. Thanks in advance.

2 no

11 yes, think so;
(although wording is misleading)

We found out it to be very confusing as well. Because section 11 directs you back to section 2 0f sorts

allerton wrote:We found out it to be very confusing as well. Because section 11 directs you back to section 2 0f sorts

EEA needs no sponsor so save a tree and skip #2.
Suggest fill in #11.

If 'wrong', caseworker will ignore it. Simples.

Cheers noajthan, Thanks for your help.

Firstly, Thank you everyone involved !!! I received my Residence Card

I just have follow up question and wondering you if you could help Please. My residence Card says ( Permanent Residence ( Residence Card of a family Member of a Union Citizen ).

My question is -

Am I allowed to travel with my wife on a short stay ( 4 days ) holiday in Europe ( Portugal ) with out applying for a schengen visa ?

Thanking you in advance.