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Apply for PR in advance

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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muraenidae
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Apply for PR in advance

Post by muraenidae » Wed May 09, 2018 12:23 pm

I will be eligible for permanent residence in July (as a spouse for some of the qualifying period, and as a qualified person myself for some of the qualifying period, so will have to fill in the paper form).

I am in somewhat of a hurry to get PR quickly (my subsequent citizenship application needs to go through by Brexit date in order for me to keep dual citizenship).

So I was wondering whether I can send in my PR application some time in advance? I heard this is possible for ILR, but how about PR? Or do I need to wait until the date I become eligible to mail in the form?

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CR001
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Re: Apply for PR in advance

Post by CR001 » Wed May 09, 2018 12:32 pm

Are you an EU national or non-EU national?

There is no 'early application' allowance for PR under the EU rules. You can only apply when you qualify with the full 5 years residence.
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muraenidae
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Re: Apply for PR in advance

Post by muraenidae » Wed May 09, 2018 12:35 pm

I am an EU national, but I was not working for some of the past 5 years, so would count as a family member of a qualifying person for that time period. (Right?)

secret.simon
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Re: Apply for PR in advance

Post by secret.simon » Wed May 09, 2018 2:09 pm

muraenidae wrote:
Wed May 09, 2018 12:35 pm
I am an EU national, but I was not working for some of the past 5 years, so would count as a family member of a qualifying person for that time period. (Right?)
Correct. You can rely on a mixture of exercising treaty rights yourself and being a dependent of an EEA citizen exercising treaty rights.

As CR001 has mentioned, you can only apply when you have met the requirements (with proof) of five continuous years residence under the EEA Regulations.

Unless your spouse is a British citizen, you cannot apply for citizenship until one year after acquisition of PR. So, if you have not acquired PR yet and your spouse is not a British citizen, you will not be able to apply for British citizenship until after March 29, 2019.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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muraenidae
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Re: Apply for PR in advance

Post by muraenidae » Wed May 09, 2018 2:19 pm

secret.simon wrote:
Wed May 09, 2018 2:09 pm
Unless your spouse is a British citizen, you cannot apply for citizenship until one year after acquisition of PR. So, if you have not acquired PR yet and your spouse is not a British citizen, you will not be able to apply for British citizenship until after March 29, 2019.
Indeed, but my spouse has recently applied for British citizenship (which we think/hope will be straightforward), so hopefully I will be eligible as soon as I have PR.

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Re: Apply for PR in advance

Post by secret.simon » Wed May 09, 2018 2:27 pm

muraenidae wrote:
Wed May 09, 2018 2:19 pm
Indeed, but my spouse has recently applied for British citizenship (which we think/hope will be straightforward), so hopefully I will be eligible as soon as I have PR.
You will be eligible as soon as you have the DCPR and your spouse has the naturalisation certificate.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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muraenidae
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Re: Apply for PR in advance

Post by muraenidae » Wed May 09, 2018 2:28 pm

secret.simon wrote:
Wed May 09, 2018 2:27 pm
muraenidae wrote:
Wed May 09, 2018 2:19 pm
Indeed, but my spouse has recently applied for British citizenship (which we think/hope will be straightforward), so hopefully I will be eligible as soon as I have PR.
You will be eligible as soon as you have the DCPR and your spouse has the naturalisation certificate.
Yes, obviously, as soon as I have a DOCUMENT CERTIFYING permanent residence. :roll:

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CR001
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Re: Apply for PR in advance

Post by CR001 » Wed May 09, 2018 2:29 pm

And if you meet all the requirements of spouse of BC 3 year residence Section 6(2) route.
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muraenidae
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Re: Apply for PR in advance

Post by muraenidae » Wed May 09, 2018 2:30 pm

CR001 wrote:
Wed May 09, 2018 2:29 pm
And if you meet all the requirements of spouse of BC 3 year residence Section 6(2) route.
Yes, thanks all, I am very much aware of all the different naturalisation requirements.

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