Non-EU Wife's PR

[stevesyjames]

Hi! Just looking for some advice/clarity if possible. I'm a Greek national and have been living in the UK since 2006 (including exercising treaty rights, so I have de facto PR under current law). My wife (American) has been here since we got married in 2009, though she was initially under a student visa (long story). We got her her 5-year residence card in 2012, and it expires in Oct 2017.

Question is - are people still applying for PR using the 81-page form in this situation, or waiting for further clarification on 'settled status' negotiations? If I wait until more information is known, will my wife have any trouble if we travel abroad after her RC expires? As for myself, I'm going to wait until more information is known since it seems pretty clear the PR system is going to be obsolete for EU citizens in the near future. Thanks for any advice!

[Wise]

1, If you can demonstrate that you are exercising your treaty right from the date/month that you got married in 2009, then count 5yrs from then and both of you can apply for the PR using the same form and you as a main applicant. Otherwise count from anytime e.g when your wife RC was issued or before then and you can actually produced documentation of your treaty right for that continuous 5yrs.


Regarding the form just print and filled only pages applicable to you and whenever the PR is issued just keep it and wait until UK finish with their messy brexit but nothing will change your permanent right status and both of you can travel together anytime/anywhere you both want.


Good luck.

[stevesyjames]

Thanks for the reply. I can show all of that, and I'll probably wait until after some travels in September to put in the application. I was just wondering if people were delaying it to see how the Brexit debates work out regarding EU citizens and their families.

But just regarding a followup question - it's obviously taking a while for these applications for PR to go through, if I hold off on doing it until we have a little clarity will my wife have trouble getting into the UK if we go abroad after it expires? How do Border Agents deal with expired 5-year RC holders?

[Wise]

Clarity over Brexit or not will required EU national to have the settlement status e.g Pr but haven it is just for the status sake in case anyone care to know how long you are in the UK and also what sort of benefit you may qualify for in future if anything changes at all on brexit negotiations which I don't it will as PR/ILR enjoyed same right in UK.

Regarding your spouse personally I will not advise you travel out or back with expired RC back to UK simply I just can't stand the issue of asking many questions and you may need to proof many things before she can be admitted into the UK. PR takes at least 6 month to process and it worth while to sort it out before travelling out and remember you're not both living in Greece which is your country anymore so play safe avoid being push around.

Good luck