Permanent Residence Card

[WhoKnows]

HI all,

Okay so from what I have read so far if the EEA national has lived in the UK for 5 years and exercised treaty rights within that time s/he can apply for a “permanent residence card”.
What I do not understand fully is whether my husband the non-EEA national would also gain permanent residency through this even though he does not even yet have his residence card. Do I have to include him in the application as a dependent? In our case however I am a full time student and he is full time employed so in a way I am dependent on him, if that makes sense.

My husband has come to the UK in 2014 with a family permit however his residence card application was refused for which an appeal is still pending.

Another problem is that I have a 4 months gap in my 5 years of treaty rights as during that time while I was a student I did not have CSI as I was not aware of this requirement. I have however read of some people getting their PR Card successfully with a gap of 3 or 4 months in their treaty rights, so I would also just take a chance.
Also would it be a problem if the majority, 3 years of claiming treaty rights I would derive from my father as I was 21 years of age and personally I was a student but did not have CSI up until last year in September 2015 as I mentioned above I was not aware of this requirement.


Can someone help please?

Many thanks in advance.

[noajthan]

As the Union citizen you have to exercise treaty rights not hubby.
Hubby's activity in UK is immaterial in this context.

CSI is mandatory for a student qualified person and any dependents.
Lack of CSI (and no alternative) will have reset your PR clock to zero.

You cannot sponsor anyone if being sponsored yourself.

Hubby's status is unclear at the time you were sponsored by a family member.
Was father sponsoring hubby too?
Do you have good documentary evidence of dependency on your sponsor if you were aged over 21 whilst sponsored?

Although a RC is not mandatory it will help to know why RC was refused as that refusal may have a bearing on any subsequent application for confirmation of PR (by hubby).

[WhoKnows]

As the Union citizen you have to exercise treaty rights not hubby.
Hubby's activity in UK is immaterial in this context.

CSI is mandatory for a student qualified person and any dependents.
Lack of CSI (and no alternative) will have reset your PR clock to zero.

You cannot sponsor anyone if being sponsored yourself.

Hubby's status is unclear at the time you were sponsored by a family member.
Was father sponsoring hubby too?
Do you have good documentary evidence of dependency on your sponsor if you were aged over 21 whilst sponsored?

Although a RC is not mandatory it will help to know why RC was refused as that refusal may have a bearing on any subsequent application for confirmation of PR (by hubby).

Do you mean that as I will be deriving rights from my father I cannot include my husband as a dependent in the application?

[noajthan]

Do you mean that as I will be deriving rights from my father I cannot include my husband as a dependent in the application?

Exactly.

[WhoKnows]

Hi,
I wanted to confirm that if you are deriving rights from parents for PR card application is it untill the day you turn 21 years or is it before one turns 22 years of age?
I hope this question makes sense.

Thanks

[noajthan]

Hi,
I wanted to confirm that if you are deriving rights from parents for PR card application is it untill the day you turn 21 years or is it before one turns 22 years of age?
I hope this question makes sense.

Thanks

If over 21 proof of financial dependency on parent is required.
If under 21 only proof of relationship is required.
Yes, free movement really is that free and easy.

[WhoKnows]

Hi,
I wanted to confirm that if you are deriving rights from parents for PR card application is it untill the day you turn 21 years or is it before one turns 22 years of age?
I hope this question makes sense.

Thanks

If over 21 proof of financial dependency on parent is required.
If under 21 only proof of relationship is required.
Yes, free movement really is that free and easy.

Thank you

[WhoKnows]

Hi there,

I read something on “the guardian” it was titled:
“Scrap insurance rule for stay-at-home parents from EU, says Tory MP “
This was written sometime in December 2016 however I was wondering if this could be the case and we would not need to proof CSI?

Also I read somewhere that after 1st February 2017 we will not be able to use the old formats of the PR Card application form. Is this true?

One more thing I know if someone wants to apply for PR it should be ASAP however do you thing that there might be restrictions on PR Card applications at anytime soon?

Thanks

[MrSlyFox]

Hello,
So far there haven't been any changes to the requirement to have CSI if self-sufficient or a student.

After the 1st of February 2017, you must use the assigned Home office form (i.e EEA (PR)) etc.

There is no harm in applying to prove you have acquired Permanent Residency although there is no requirement too. But gives you a bit of piece of mind with Brexit. Also if you have proof of PR you can become a British Citizen if you wish too

[WhoKnows]

Hello,
So far there haven't been any changes to the requirement to have CSI if self-sufficient or a student.

After the 1st of February 2017, you must use the assigned Home office form (i.e EEA (PR)) etc.

There is no harm in applying to prove you have acquired Permanent Residency although there is no requirement too. But gives you a bit of piece of mind with Brexit. Also if you have proof of PR you can become a British Citizen if you wish too

Thank you for this quick reply.

So yeah, at least I am aware that now I will have to work with this massive PR application form. I just wish I knew about this earlier I would have definately put in my application before 1st feb.

[WhoKnows]

Hi there,

I have a few questions in relation to PR application which might be obvious but really I just want to be sure.

• How soon after application submission can I request back my sponsor’s or my identification document? In my case my sponsor is going abroad soon and therefore I thought to mention on my application this situation and submit the ID when my sponsor returns.
• In my brothers case he will travel soon in like 2 weeks and therefore instead of his passport he wants to submit his national ID card which expired on 10 February this year (bad timing I know). What is the best thing to do submit his expired ID card or inform on his application about his booked travel abroad and that he will submit his passport when he returns.
• A friends of mine had this question does he have to mention and also provide evidence of his marriage that now has completely ended and is not relevant in the present? Where one is applying only for their PR is it important to provide evidence of marriage/divorce?
• Does the time where one has been incapable of work count toward acquiring permanent residence and is there a limit of how long one is able to use this as a qualifying period? Is proof of ESA entitlement for this type of period sufficient?
• Does a person count as a descendant under 21 until one day before his/her 21st birthday?
• Is Student Finance a good source of finance to put down on PR application to show sufficient resources during study?
• When one uses section 15 – where one requires personal care on health grounds, possible to use the name of their sponsor’s in this case mother?
• If one has his/her mother as sponsor and she was a housewife due to young children however husband was exercising treaty rights, can one poof that mother was deriving treaty rights from her husband to be a suitable sponsor?

Too many questions I know but I hope someone has the answer to these.

Thanks in advance