Hello,
I am looking for guidance on how and when to apply for permanent residency in the UK, as well as advice on flexibility with documentation.
By way of introduction -
http://www.immigrationboards.com/post61 ... ml#p615358
http://www.immigrationboards.com/post65 ... ml#p651388
My details:
Indian National
Entered UK as marriage visitor: 26/01/2012
Married EU National partner: 03/03/12
EEA2 App Sent: 19th March
EEA 2 App Recd: 20th March
COA Recd: 25th May, dated 15th May
RC Recd: 25th May, dated 15th May
Worked for a UK employer from March 2012 to December 2013.
Changed jobs, taking a 4 week gap (to take a break over the holidays), commencing work for another UK employer in January 2014. Have been with that employer since.
I've travelled outside the UK sporadically for work during the period, and often for holidays. The only substantial period outside the UK since I moved here was when I spent about 6 weeks in India when my father passed away. I was still employed through that period, taking time off and working out of my employers' Indian office during that time.
Partner details:
French National, entered UK as student: September 2008
Began full-time employment: January 2010
Working as consultant, spent most of her time in Mexico from August 2010 - December 2011 (although she was still employed out of the UK), which is where we met, as I was on the same project from a different country office.
She moved back to the UK in December 2011 after the project ended, but still had to frequently travel outside the UK for work (~3 days/week) until she changed jobs in March 2013.
Unlike my gap of 4 weeks, she had a gap of just 3 days in her employment (including the weekend).
Since then, she has rarely travelled outside the UK for work (roughly 2 weeks a year), but has frequently travelled outside the UK for holidays (although no more than annual leave allowance, which is less about 25 days or less).
In light of Brexit, we began thinking more seriously about her status, and decided to apply for PR to solidify her status in the UK (and consequently, mine).
We calculated that despite her travel patterns, she should have met the permanent residency criteria in December 2016, and applied for her permanent residency in late December, using her EEA National ID.
Our statements show that the £65 application payment was taken on 29/12/16, so we are now patiently waiting for that to be processed.
Our details:
Been living together in the UK since I entered in January 2012, but as a married couple since March 2012. Both gainfully employed throughout, as demonstrated above, but please feel free to ask for details in order to provide better advice.
We have rental agreements from February 2012 to August 2015, and a mortgage agreement from August 2015 onwards.
We also have bank statements, utility and council tax bills, employment contracts, payslips, etc available if needed.
My EEA family member residence permit expires in May 2017. We plan to be on holiday outside the UK for one week in March, and over Easter in April, so I will only apply after that.
Questions:
Application Options
- Am I right in thinking the EEA route permanent residency application is the only path available to me?
- If not, based on the information above, is there a quicker option available to me? If so, what are the timelines and costs associated with them?
- What is the earliest I can apply for any of the options available? Is there a deadline by when I need to apply via these options?
- If I apply via the EEA route, does my partners in-flight application affect matters in any way? We hope her application will be resolved before I plan to apply after Easter, as I hope to use her national ID or passport in my application (but not both, as we don't want to restrict her ability to travel outside the UK). If we don't have a response on her application by April, would requesting for her National ID to be returned affect or delay her application, or complicate mine?
Personal/Family Considerations
We do not have children, but intend to start trying this year. What nationalities could our children inherit?
- French, presumably through my wife (our marriage is registered with the French consulate in the UK
- Non EU, through me - although we wouldn't do this as India doesn't allow dual nationality, and I wouldn't want the child to have to jump through hoops the way I've had to.
- British, in addition to French? Based on my research, it seems this is an option once my wife has her PR conferred? If so, what is the process for confirming this?
The following is purely a 'nice to have', so I would only consider applications options if they wouldn't jeopardise our lives in the UK in the long-term. I would still strongly appreciate advice on these matters, as they are important matters to me, personally and professionally
Travel Restrictions
I ask the earlier question regarding quicker application options because I would like to be able to continue travelling for holidays and/or work, as far as possible. Giving up my passport for 6 months would be crippling, as I have my US and Schengen visas in there.
I realise I will be unable to travel to the US without my passport and US visa, but are there any circumstances under which I could travel to Schengen countries without my passport? (i.e., say, with a UK ID (UK driver license + my COA + marriage certificate + proof of spouse identity).
If not, when is the earliest I could request my passport to be returned without affecting my application?
We have two weddings in France in mid-June and mid-July. My wife will not miss these weddings (hence the questions on ensuring how we can retain at least one of her passport/National ID.
Ideally, I would like to attend these weddings as well.
Additionally, there is a strong possibility that I will need to travel to Spain for work in early June.
Given the above, would it be possible for me to apply for Permanent Residency only after mid-July?
Given that my residence card expires in mid May, will I be risking denial of entry to the UK upon my return from France or Spain?
If I travel for the weddings in June and July, I will travel with my wife, so would that help ease my return? What other documentation would it be prudent of me to take along - to be absolutely sure of averting an absolute disaster?
If I travel for work in June, I will travel without my wife, so what risks am I taking regarding my return to the UK? What documentation can I carry to again ensure that our superb lives in the UK are not absolutely wrecked out pure carelessness or avarice...
Thanks in advance for helping with all of this.
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