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EEA with PR status and non-EEA spouse

Posted: Sun Jan 14, 2018 2:33 am
by ewasx
Hi,

I'm an EEA national living in the UK who acquired PR status a few months ago (but the letter from HO states that I am a permanent resident since 2008 as per the documentation I have provided - employment letters p60s etc). My wife is a non-EEA national and granted a family permit a few days ago, she is flying to the UK next week.

I'm sorry if these questions were asked elsewhere but I really couldn't find any clear answer, here or on gov.uk or anywhere else.

1) Does my wife need CSI? She will be looking for a job when in the UK but will be unemployed for a while I guess. In any case, I am not even sure that her status is relevant. Since I am PR, she doesn't need CSI, am I right?

2) When to apply for Resident Card? I have seen on some Immigration Law websites that she should apply AFTER the 6months period granted by her Family Permit. But this doesn't sound right to me. Surely she should apply ASAP to, at least, get a COA so that employers will be a bit more confident about her status? As well as extending her right to stay in the UK with me for up to 5 years.

Many thanks in advance.

Re: EEA with PR status and non-EEA spouse

Posted: Sun Jan 14, 2018 3:52 am
by dan1988uk
ewasx wrote:
Sun Jan 14, 2018 2:33 am
Hi,

I'm an EEA national living in the UK who acquired PR status a few months ago (but the letter from HO states that I am a permanent resident since 2008 as per the documentation I have provided - employment letters p60s etc). My wife is a non-EEA national and granted a family permit a few days ago, she is flying to the UK next week.

I'm sorry if these questions were asked elsewhere but I really couldn't find any clear answer, here or on gov.uk or anywhere else.

1) Does my wife need CSI? She will be looking for a job when in the UK but will be unemployed for a while I guess. In any case, I am not even sure that her status is relevant. Since I am PR, she doesn't need CSI, am I right?

2) When to apply for Resident Card? I have seen on some Immigration Law websites that she should apply AFTER the 6months period granted by her Family Permit. But this doesn't sound right to me. Surely she should apply ASAP to, at least, get a COA so that employers will be a bit more confident about her status? As well as extending her right to stay in the UK with me for up to 5 years.

Many thanks in advance.
1) No, she doesn’t need CSI as she is dependent on you who are PR

2) you are right, apply ASAP. First apply for her NIN then apply for her Residence Card using the EEA2 form, since you already have the PR document you can not apply with her so she can not use the EPRS meaning that both of you need to submit the original of your passports to Home Office. I personally requested the passports back after my wife submitted biometrics and received the CoA. It will take 10 days for the passports to be returned.

Re: EEA with PR status and non-EEA spouse

Posted: Sun Jan 14, 2018 8:30 am
by ewasx
Many thanks dan1988uk for the clear answers.

I was really surprised to see professionals advising to apply after the 6 months period... I didn't want to post the addresses here as I guess point and shame is not the policy here, but that's rather shocking.
I understand that my wife will have the right to stay in the UK even after her family permit expires, so if they are slow at delivering the RC that should still be OK for her to stay. But still, to advise people to apply after the FP expiry is, err, surprising.