Applying for Permanent Residence as a family member

[Natty55]

Can I apply for permanent residence 28 days in advance for my completed 5 years marriage? Or do I need to fully complete and send application? Can this be refused if send earlier? Thank you

[secret.simon]

There is no 28 days in advance grace period for applications under the EEA Regulations (or indeed for naturalisation applications). You will need to have completed five continuous years before making the application for a DCPR/PR Card, as the case may be.

[Natty55]

Thank you for clarifications.

[Natty55]

Hi,

I’m the a family member of Eu applying for PR do I need to send all original documents by post or can use the nationality service check for passport?

Thanks

[Casa]

Hi,

I’m the a family member of Eu applying for PR do I need to send all original documents by post or can use the nationality service check for passport?

Thanks

The Council's Nationality Checking Service is for Nationality applications, not for PR.

[Natty55]

Morning,
Thank you for your response. I thought so.
Do you know if there is a way/service that I don’t need to send the passport by post and have it verified?

Thank you

[luhpaoli]

Morning,
Thank you for your response. I thought so.
Do you know if there is a way/service that I don’t need to send the passport by post and have it verified?

Thank you

Hi, if you're applying online with the European as the main applicant you can use the European passport return service available in some councils.

[Natty55]

Hi guys,

I'm still a bit confused with my case and really appreciate your help.

I need to apply for my permanent residence. I got married (outside UK) in July 2013 and now completing my 5 years however, when I came back to London I applied for the Visa and it took a while. Therefore my visa had started on May 2014 and is valid till May 2019.
So my question is: Can I only apply for my PR from May 2019 or I can apply now since I have completed my 5 years married to EU. Also just to confirm that I don't need to provide English test and life in the uk test at this stage, right?

Kind regards,

[CR001]

After your marriage outside the UK, what date did you return to the UK?

[secret.simon]

You can apply on or after the fifth anniversary of your entry into the UK as the spouse of an EEA citizen (i.e. your first entry into the UK after your marriage abroad), provided your EEA citizen spouse has been exercising treaty rights or held PR throughout those five years.

Also just to confirm that I don't need to provide English test and life in the uk test at this stage, right?

Correct.

[Natty55]

I got married on the 12/7 and returned to Uk on 15/07 and at the immigration I got a 6 months stamp visa( which I think was a tourist visa) after few days I applied for the EEa family member and received the letter confirmation I could work bla bla...

Yesterday, I callled HO and they said I can only count from the date my 5 years visa started and not before that... a bit disappointed though as I lose 10 months.

[Richard W]

Yesterday, I callled HO and they said I can only count from the date my 5 years visa started and not before that... a bit disappointed though as I lose 10 months.

Secret.Simon is far more reliable than a Home Office help line. (He has the advantage that he can decline to answer questions he doesn't know the answer to. Additionally, if he makes a mistake, he will usually be corrected by another member.) What you were told by the HO applies only to an extended family member.

[Natty55]

Hi Richard and Simon.
Thank you for your reply. What do you suggest ? That I apply now in July? ( 5 years married).
I just worry that they can refuse my application.

Regards

[Richard W]

Thank you for your reply. What do you suggest ? That I apply now in July? ( 5 years married).
I just worry that they can refuse my application.

Assuming that a British PRC will be useless on the continent after March 2019, I suggest you wait until you and your husband can apply for settled status together, but well before your RC expires. That way you should avoid any avoidable predictable problems with proving your immigration status, e.g. for work, accommodation or hospital. This will be simpler than applying for a PRC.

Declaration:
I do have a financial interest. Every PRC applied for costs the taxpayer £65. We might actually make a profit from applications for settled status that are instead of an application for a PRC or DCPR.

[Natty55]

Morning Richard,

My husband already has a Permanent residence card for the last 8 years and he is not applying for British passport and as he prefers to hold his European one.
My current visa will finish in May next year so any how I will have to apply for a PRC even though Brexit will be starting in March 2019. I might be able to apply in April maybe 28 days before the visa finish.
Do you think the new rules will be already available?

[Richard W]

My husband already has a Permanent residence card for the last 8 years...

He will still have to apply for settled status by the end of the transition period.

...and he is not applying for British passport and as he prefers to hold his European one.
My current visa...

You don't have a visa. Your right to reside is a right; it does not depend on anyone's permission.

...will finish in May next year so any how I will have to apply for a PRC even though Brexit will be starting in March 2019. I might be able to apply in April maybe 28 days before the visa finish.
Do you think the new rules will be already available?

As far as the UK is concerned, settled status will give you everything holding a DCPR would. My understanding is that grants of settled status will begin before the end of 2018.

[Natty55]

Hi Richard,
Thanks again for you reply. Now I have another question.
My husband has a Permanent Residence do you know if we can apply online for a British passport to our new born baby? If yes, Can I aldo it online?

Many thanks

[CR001]

Hi Richard,
Thanks again for you reply. Now I have another question.
My husband has a Permanent Residence do you know if we can apply online for a British passport to our new born baby? If yes, Can I aldo it online?

Many thanks

Kindly ask British Citizenship/British Passport questions in the British Citizenship sub forum, link below.

british-citizenship/