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Special consideration PR?

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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nemerkh
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Special consideration PR?

Post by nemerkh » Fri Jun 17, 2016 6:18 pm

Been here 9 years on our second eea1/2 now due for pr as self sufficient with csi and part time work (my eu spouse) just in case.
After researching, it states somewhere that the HO can issue PRs under special considerations. Obviously we are a bit twitchy with the brexit and the uncertainty of changes heading this way.
With regards to this "special consideration" PR/ILR, anybody got any experience?

noajthan
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Posts: 14911
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Location: UK

Re: Special consideration PR?

Post by noajthan » Fri Jun 17, 2016 6:30 pm

nemerkh wrote:Been here 9 years on our second eea1/2 now due for pr as self sufficient with csi and part time work (my eu spouse) just in case.
After researching, it states somewhere that the HO can issue PRs under special considerations. Obviously we are a bit twitchy with the brexit and the uncertainty of changes heading this way.
With regards to this "special consideration" PR/ILR, anybody got any experience?
Can you link your source so members can see what you mean?

There's really only early acquisition of PR due to emigration of sponsor; death; divorce; retirement; ill health & similar;
- hopefully you didn't really plan on any of those options quite yet.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: Special consideration PR?

Post by secret.simon » Sat Jun 18, 2016 7:30 am

I think you are confusing ILR and PR. They are two completely different statuses in law, though they both have the same effect.

PR is acquired automatically under EU law if certain conditions are met. The Home Office has no discretion to either expedite or reject a PR application because it is granted automatically by EU law, not by the Home office. Conversely, if you do not meet the requirements of the law, you do not get PR and the Home Office can't grant it to you either. All that the Home office does is issue you a PR Card that can be used to prove that you already have PR.

ILR is granted by the Home Office under the UK Immigration Rules. As it is a grant and not acquired automatically, the Home office can reject the application if requirements are not met. But conversely, the Home Office can also make exceptions to the Rules and grant ILR under special circumstances. However, to ensure that everybody meets the requirements, the "special circumstances" must be exceptional and very unusual.

Also, most people on the EEA route are not eligible to apply for ILR.

If you explain why you think you should apply for ILR, along with a detailed timeline of your stay in the UK, we could guide you further.
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.

rooibos
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Posts: 272
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: Special consideration PR?

Post by rooibos » Sun Jun 19, 2016 6:19 pm

I believe the OP refers to:

https://www.gov.uk/government/uploads/s ... r_18_B.pdf

Chapter 6.4.1.

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CR001
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Re: Special consideration PR?

Post by CR001 » Sun Jun 19, 2016 8:51 pm

rooibos wrote:I believe the OP refers to:

https://www.gov.uk/government/uploads/s ... r_18_B.pdf

Chapter 6.4.1.
This document link is relevant to British Citizenship applications not ILR/PR, which the OP is asking about.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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