Residence Card for a spouse of EEA citizen with PR document

[a.s.b.o]

Hi, I am an Irish citizen, issues with a Document Certifying Permanent Residence. We now need to apply for a Residence Card for my non-EEA wife.

I note that I do not need to send any employment details, but I would still like to do that to avoid the confusion. However, my main question is whether I need to send a DCPR with the application ? I am concerned that if anything happens to the document, it will be more difficult to replace than anything else really, including our original passport and an ID card.

Can I perhaps send a copy of the DCPR?

Thank you

[a.s.b.o]

Hi guys

I am not sure if I consistently ask stupid questions or word questions funny?! Can you please suggest a post on the forum addressing similar questions or just having more fun with responses?

Thanks a lot, but after reading notes and the forum, I am confused. On one end, I read that since I sponsor my wife after acquiring a PR, I don't need to attach evidence of employment/self-employment. The form does not make this explicit.

Thank you

[GMB]

The key to your questions is sections 9.1, 9.2, and 9.3 of the form EEA(PR). As the sponsor, if you have a DCPR and send in the original, then you don't have to prove five years of continuous treaty-related activity for section 9.4. If you don't send in the DCPR, then you have to complete 9.4 and provide all the appropriate evidence just like when you first applied for your DCPR. Originals only; copies are not accepted.

[a.s.b.o]

The key to your questions is sections 9.1, 9.2, and 9.3 of the form EEA(PR)

Hi GMB, many thanks for taking time to reply. Surely, you refer to section 10, since I am Irish, not UK citizen? Then, I take it, that logic you suggested, stands? Thank you

[GMB]

Surely, you refer to section 10, since I am Irish, not UK citizen? Then, I take it, that logic you suggested, stands?

Well now it's my turn to be confused. On the current EEA(PR) application (Mar 2016), section 9 is for non-British EEA citizens, while section 10 is for British citizens invoking their EEA rights via the Surinder Singh route. So you're Irish and only Irish, or dual Irish-British? I assumed as you had a DCPR you were the former, as I can't think of a scenario in which a British citizen would be issued a DCPR by the UK Home Office.

[a.s.b.o]

Surely, you refer to section 10, since I am Irish, not UK citizen? Then, I take it, that logic you suggested, stands?

Well now it's my turn to be confused. On the current EEA(PR) application (Mar 2016), section 9 is for non-British EEA citizens, while section 10 is for British citizens invoking their EEA rights via the Surinder Singh route. So you're Irish and only Irish, or dual Irish-British? I assumed as you had a DCPR you were the former, as I can't think of a scenario in which a British citizen would be issued a DCPR by the UK Home Office.

Hey, I think it was superseded by the 03/17 form - This form is to be used for applications made on or after 22 March 2017

[GMB]

Mystery solved. I've been referring to the current EEA(PR) form. Somehow I got it in my head that your spouse was also applying for PR, not the RC. So yes, on the EEA(FM) form the two sections are exactly reversed, and sec.10 is the non-British EEA.

[GMB]

Strange -- the form EEA(FM) and its guidance notes are definitely worded differently from the form EEA(PR) and its guidance notes. Form EEA(PR) only requires the applicant to once again prove five years of treaty rights if not sending in the DCPR. But EEA(FM)'s tone is that if you have one, you have to send it in or show that it was lost/stolen. No recourse to just proving the five years of treaty rights again. Very odd that they're so different for exactly the same thing.

[a.s.b.o]

Strange -- the form EEA(FM) and its guidance notes are definitely worded differently from the form EEA(PR) and its guidance notes. Form EEA(PR) only requires the applicant to once again prove five years of treaty rights if not sending in the DCPR. But EEA(FM)'s tone is that if you have one, you have to send it in or show that it was lost/stolen. No recourse to just proving the five years of treaty rights again. Very odd that they're so different for exactly the same thing.

This is so true. And I am so afraid of sending in an original DCPR in case it is misplaced. Any final word of wisdom for me or just to send it in and to request it back upon the CoA being issued?

[a.s.b.o]

It is not fair to be bashing bureaucrats in your new country, but it seems that the forms were written by not the brightest bulbs around.

For example, the form is very confusing about whether I need to attach evidence of being a 'qualified person' even after being granted PR and issued with DCPR.

Thus, in notes, "You must submit evidence that your EEA national sponsor is a qualified person (or has been a qualified person if you’re applying as the family member of an EEA national with permanent residence or because of a retained right of residence). The evidence must cover the relevant period, depending on the circumstances described in the table below" (p. 10).

Then, in notes on p 11, it says "Sponsor is not currently a qualified person but has permanent residence (see Note 2 below)" and directs me to provide evidence of being a qualified person for "the entire qualifying period (usually 5 years)"

While in notes (2), just below, it states "In this situation, you only need to provide evidence of your sponsor’s previous activity if they haven’t been issued with a document certifying permanent residence."


So I am confused!!! I am a qualified person still ( I am in full time employment) and I have DCPR! What is the purpose of DCPR if I still need to provide evidence of being qualified???

[a.s.b.o]

So, the million pound question is: if I have a DCPR and send it with the application, and still in employment, do I need to send evidence of employment - i.e. payslips, employer declaration and so on?

This is the question holding us from applying

[GMB]

Yeah, they could really use a proof reader.

You SHOULD only have to send in your DCPR for the exact reason you state -- you don't need to continue exercising treaty rights once you have PR. But at least one person on this forum got refused because, even though they sent in their sponsor's DCPR, they didn't also prove ongoing employment history, which is blatantly contrary to all the guidance. I can tell you I didn't send anything but my wife's DCPR when I applied for PR, and all went well for me.

As for making sure your DCPR gets back to you, send it registered/certified so you have a tracking number and request it back as soon as you've enrolled biometrics, but beyond that not much you can do.

[a.s.b.o]

Yeah, they could really use a proof reader.

You SHOULD only have to send in your DCPR for the exact reason you state -- you don't need to continue exercising treaty rights once you have PR. But at least one person on this forum got refused because, even though they sent in their sponsor's DCPR, they didn't also prove ongoing employment history, which is blatantly contrary to all the guidance. I can tell you I didn't send anything but my wife's DCPR when I applied for PR, and all went well for me.

As for making sure your DCPR gets back to you, send it registered/certified so you have a tracking number and request it back as soon as you've enrolled biometrics, but beyond that not much you can do.

Thank you pal! I also take a view of sending something on the employment, rather than being refused 5 months down the road. Thank you for advice!

[Sophia08]

Hello a.s.b.o.!

Have you submitted your application form? Did you use the latest EEA PR form? Did you fill out all of the pages? Did you submit payslips together with the DCPR?

Thank you!

[a.s.b.o]

Hello a.s.b.o.!

Have you submitted your application form? Did you use the latest EEA PR form? Did you fill out all of the pages? Did you submit payslips together with the DCPR?

Thank you!

Hi Sophie,

thank you for your questions, I hope you are well. Yes, I submitted the latest form. I filled the sections that were applicable to a spousal application. I did, however, include the employment section. For that, I asked the university HR to fill the details and attached several payslips. I know that I am running a risk of confusing the nameless bureaucrat. I am however hopeful things will be good. I can also see that the money were taken about a week after submitted the form.

Best regards

[Sophia08]

Hello a.s.b.o.!

Have you submitted your application form? Did you use the latest EEA PR form? Did you fill out all of the pages? Did you submit payslips together with the DCPR?

Thank you!

Hi Sophie,

thank you for your questions, I hope you are well. Yes, I submitted the latest form. I filled the sections that were applicable to a spousal application. I did, however, include the employment section. For that, I asked the university HR to fill the details and attached several payslips. I know that I am running a risk of confusing the nameless bureaucrat. I am however hopeful things will be good. I can also see that the money were taken about a week after submitted the form.

Best regards

Thank you for your reply! I hope everything will be fine. Good luck to us!