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Hello,

I am an EU national who has been living and working in the UK for more than 10 years.
My non EU wife (we have been married for 5 years) has an EEA Visa which expires in 2020.
My 5 years son has a British passport which was granted on the basis of me having lived/ worked here for more than 5 years (exercising treaty rights).

I would now like to get for my wife and for myself a Permanent Residency card assuming that this would allow her to live in the UK. Is there anything in particular that I need to be aware of / which documents should I attach to the application given that during the last 2 years I have been working via a limited Company?


Thanks

Bamboccio wrote:My non EU wife (we have been married for 5 years) has an EEA Visa which expires in 2020

Do you mean she has a Residence Card? If so, when did she get the card?

How long has she been resident in the UK? For her to get PR, she will need to have been resident in the UK for five years while you exercised treaty rights in the UK.

Thank you,

She received the card 7 or 8 years ago and she has been resident in the UK since 2001.

I would like to know if I better apply now or if I should wait closer to the time of the EEA VISA expiring.

I would also like to know which proof of exercising treaty rights I will need to provide (when I have requested my son's passport I have provided P60s but now I have been working via a Limited Company).

Many thanks!

Hello,

To be clearer my wife has acquired a residency permit via form EEA4. The permit will expire in 2 years and I would like to obtain permanent residency for her / me.
Would you be able to advise?

Thanks

I don't really understand what you are asking. There is no "EEA visa" (are you talking about family permit?) and permanent residence does not expire. That's why it's called permanent.

If we ignore your wife's 'EEA VISA', it may be simplest to use two different 5 year periods:

1) The 5-year period you used to prove your son was British (and you may want to apply for a DCPR for yourself). I'd suggest using the same evidence.
2) A 5-year period (start no earlier than the first) when your wife has lived with you in the UK and has been your wife in law.

However, it looks as though your wife already has permanent residence! What sort of 'EEA VISA' does she have, when was it issued, and when does it expire? Was it issued by the British Government? What are the words on it?

Thanks Richard,
My wife has the following:
Permanent Residence Card
Issue date: June 09
Renewal date: June 19
No restrictions on holder activity in the UK.

Will this expire /when can it be renewed?

Finally as you suggested I would also apply for permanent residency, should I make a single application or is it better to make two separate ones given that the periods are different?

Many thanks!

Bamboccio wrote:My wife has the following:
Permanent Residence Card
Issue date: June 09
Renewal date: June 19
No restrictions on holder activity in the UK.

Will this expire /when can it be renewed?

...

Many thanks!

Your wife appears to have acquired PR already and has a PR card (dating from 2009).
PR does not expire but a PR card needs renewing every 10 years (in a similar way to a driving license or passport).

Many thanks!

In that case I will only need to apply myself for a PR card.
To confirm I can use a 5 years period in the past, correct?
Could you also point me at a post that tells which section an EEA national should complete in the EEA(PR) form?

many thanks

You can use any 5 year period where you were continuously exercising treaty rights. If you have a straight 5 year period of working, that is ideal.

If you have ambitions of British citizenship in the near future, try to use a period which ends at least one year before the current date (so for example February 2009 to February 2015). Then you won't have to wait another year before applying for citizenship.

Have a search and see if you can find the old EEA3 form. Your wife will need to use the EEA4 form.

Thanks O'Hara,
My wife has already permanent residency so at this stage there is nothing else that I should do, I understand that I will only need to renew the residency after it expires in 2019.

For me: do you mean that I should use the EEA3 form and not the EEA(PR) form?

Thanks!

In that case, use this one: https://dl.dropboxusercontent.com/u/128 ... ple_v2.pdf

It's not mandatory to use the EEA(PR) form (or any form in fact), and the above linked EEA3 form is much simpler and shorter.

Amazing - it does not even ask to list holidays (I was about to send a SAR request).
I shall post it in the next few weeks and report the outcome. I must check that the address is the correct one.

Many thanks!

I have noticed that the form requires the most recent wage slips. I was hoping to use period 2007 to 2013.
The questions are:
Can I still use this form with period 2007 - 2013?
Can I just give P60s or I should also add one or two payslips for each year?
Should I point out to them that I have obtained the passports for my son on the basis of exercising treaty rights?
Thanks!

It asks for the most recent wage slips on the assumption that people applying for PR documentation are going to do it immediately once they become eligible.

Of course, you can use any period you want. P60's as well as a couple of random pay slips from each year, and a letter from employer (if possible) confirming your dates of employment are good.

I don't think mentioning your son will help, although you could certainly use the same evidence you used to prove you were settled when you applied for his British passport.

Thanks!

The reason why I do not want to use the most recent period is because I have worked via an ltd company for the past 3 years. Would it make possibly sense to use a longer period e.g. the 3 most recent years (Ltd work) and the previous 5 years (employee work) 8 years in total?
The advantage being that I could apply directly for a passport on receipt of the card while also ensuring that the Ltd work is not questioned too much?

Many thanks

Five years is all that is required. They will probably disregard anything else.

Bamboccio wrote:The advantage being that I could apply directly for a passport on receipt of the card while also ensuring that the Ltd work is not questioned too much?

Many thanks

Please explain.

Thanks,
I will go for 5 years.
I will report when I have posted everything.

Can you clarify your previous comment about applying for a passport

You can't apply directly for a British passport. You need to have applied for and been granted British citizenship and attended a citizenship ceremony first. A passport application is completely separate.

I understand that in order to apply for a passport EU citizens must first have a PR card and then they have to wait for a year before being able to apply. But if the data sent to request the PR card covers up to current date then the requirement to wait for a year drops.

I anyway now have sent everything using a period in the past.

Many thanks again

And sorry you stated that in one of your previous posts.

If you have ambitions of British citizenship in the near future, try to use a period which ends at least one year before the current date (so for example February 2009 to February 2015). Then you won't have to wait another year before applying for citizenship.

Bamboccio wrote:And sorry you stated that in one of your previous posts.

If you have ambitions of British citizenship in the near future, try to use a period which ends at least one year before the current date (so for example February 2009 to February 2015). Then you won't have to wait another year before applying for citizenship.

Indeed. Better safe than sorry when £1000+ at stake.

The devil is in the detail.
Very surprising how the simplest details catch some people out.

Bamboccio wrote:I understand that in order to apply for a passport EU citizens must first have a PR card and then they have to wait for a year before being able to apply. But if the data sent to request the PR card covers up to current date then the requirement to wait for a year drops.

I anyway now have sent everything using a period in the past.

Many thanks again

You can't apply for a British passport before you've been granted British citizenship. They are massively different things

The picking and choosing of a qualifying period for PR seems pointless anyway, as HO will always try to determine the earliest you actually acquired it. I sent evidence for the period 2009-2014 but my PR date was recorded as a date in June 2012 (5 years after I started working).

Thanks O'Hara.
What is the difference? I understand that first you get the citizenship and then the passport.
If so when can I apply?

thanks!