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Does having Permanent Residence gives you a settled status?

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

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

Obie
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Re: Does having Permanent Residence gives you a settled stat

Post by Obie » Thu Apr 23, 2015 8:33 am

Abate86 wrote:First week of October. She cannot use FLR (M) with a visa less than 6 months. That was the reason I put in the application application before the deadline to apply.
That is wrong.

She has to have had a visa with more than 6 months validity. The law does not say the visa should be valid for 6 months or more at the time of application.

That will be utterly crazy, as a person will be compelled to apply when they have valid leave.
Smooth seas do not make skilful sailors

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Thu Apr 23, 2015 9:07 am

There you go. I'm wrong then. My interpretation was that she cannot apply for a spouse visa unless she has more than 6 months left on her visa.

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Thu Apr 23, 2015 9:23 am

[quote="Obie"

That will be utterly crazy, as a person will be compelled to apply when they have valid leave.

This just put me at ease. Thanks to you all. My worries are gone. I'll update you guys about her reply.

Obie
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Re: Does having Permanent Residence gives you a settled stat

Post by Obie » Thu Apr 23, 2015 9:35 am

But you were right to make the application and demand it be looked at under the policy and fees in place on the day of application.
Smooth seas do not make skilful sailors

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Thu Apr 23, 2015 9:39 am

I agreed with you. The fees has gone up by £48 since we made the application.

Obie
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Re: Does having Permanent Residence gives you a settled stat

Post by Obie » Thu Apr 23, 2015 9:41 am

An extra £500 will have to be paid for NHS surcharge on top of that.
Smooth seas do not make skilful sailors

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Thu Apr 23, 2015 10:23 am

You're absolutely right. Earlier the better.

Directive/2004/38/EC
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Re: Does having Permanent Residence gives you a settled stat

Post by Directive/2004/38/EC » Thu Apr 23, 2015 11:18 pm

Work to try to educate your case worker about your status under EU law. That involves clearly explaining why you have PR already.

And then ask that the application for your wife proceed.

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Fri Apr 24, 2015 8:54 am

I have already sent her a letter explaining my right under EU law. There are two things I'm looking at. (1) She may have mistaken my PR card application for ILR application. (2) Or believe that my wife cannot make FLR (m) application under the UK immigration law if I obtained my settlement under EU law. My reason for believing the latter is because I have been told several times by the customer service that my wife cannot apply for a spouse visa under UK immigration law because my PR was acquired under EU law. So, her decision is either a mistake or out of ignorance of the law. Anyway, her response to my letter will reveal the true fact about her decision. I'll keep you guys updated.

John
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Re: Does having Permanent Residence gives you a settled stat

Post by John » Fri Apr 24, 2015 9:10 am

My reason for believing the latter is because I have been told several times by the customer service that my wife cannot apply for a spouse visa under UK immigration law because my PR was acquired under EU law.
That is utter rubbish. How a person acquired their Settled Status is irrelevant.

Clearly more staff training needed. I suggest you contact your MP .... when you have an MP!
John

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Fri Apr 24, 2015 9:21 am

In fact, I have requested for call a back from more expensive staff. This wrong perception needs to be sorted out. The man I spoke to two days ago said my wife can only apply if I have ILR. When I asked him to tell me any home office documents that says. He couldn't. I told him that what the guidelines say is spouse of a person present and settled in the UK. Like you said, further training needed.

Obie
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Re: Does having Permanent Residence gives you a settled stat

Post by Obie » Fri Apr 24, 2015 12:01 pm

I am not inclined to believe that they are not trained to understand that PR is equivalent to Settled status.

I have made countless applications for people with Permanent Residence, and not a single one of them have been refused, nevermind being refused on the basis that the person is not settled.

Paragraph 2 of Schedule 2 of the regulation explicitly provides for this, I therefore see no reason why they will say this, unless their is a rogue civil servant who decide to take the law in his or her own hand, or deliberately choose to misapplied the law.
Smooth seas do not make skilful sailors

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Fri Apr 24, 2015 12:36 pm

Below is the email sent to me by the Home Office today.


Dear Sir/Madam­


Thank you for your telephone enquiry.­


If you hold Permanent Residence under EE­A regulations, we would suggest contacti­ng the European Enquiries section on 030­0 123 2253 in the first instance, to see­ if your wife would be eligible to make ­an application under EEA regulations. O­therwise, if your wife meets the criteri­a for Leave to Remain as a Spouse, as de­tailed in the link below, she can apply ­using form FLR(M)


https://www.gov.uk/join-family-in-uk/eli­gibility

Obie
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Re: Does having Permanent Residence gives you a settled stat

Post by Obie » Fri Apr 24, 2015 12:42 pm

Well needless to say, I don't read that reply as suggesting that a person with Permanent Residence under EU rules cannot sponsor a non-EEA spouse under the immigration rules.
Smooth seas do not make skilful sailors

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Fri Apr 24, 2015 1:03 pm

While, I'm satisfied with answers you all gave. But I want to ensure that other people are not been denied their rights. Therefore, I will like to see to it that their customer service advisor gives people the correct information.

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Wed Apr 29, 2015 11:36 am

Hi Guys,

I have some good news. I received an email from Free Movement Operational Policy Team today. They have confirmed to me that my wife's application can proceed and have also informed Temporary Migration Team of my right. They said my wife will be sent a letter soon to enrol for Biometrics. Thank you all for your support.

Directive/2004/38/EC
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Re: Does having Permanent Residence gives you a settled stat

Post by Directive/2004/38/EC » Wed Apr 29, 2015 12:42 pm

Awsome!

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Wed Apr 29, 2015 1:09 pm

Directive/2004/38/EC wrote:Awsome!

More updates. The caseworker has now contacted my wife to confirm that her application is valid and her biometrics letter is on its way.

Abate86
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Re: Does having Permanent Residence gives you a settled stat

Post by Abate86 » Thu Jun 04, 2015 9:54 am

Hi Guys, my wife received a letter from her caseworker few days that her application has been put on hold until my EEA 4 application is completed. To my delight, good news knock on my door this morning (MY PR HAS BEEN ISSUED). Thank you all for your support. Next step is to tell the caseworker that there is no more excuses.

omonile
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Re: Does having Permanent Residence gives you a settled stat

Post by omonile » Thu Jun 04, 2015 11:57 pm

Congrats Abate86!
Could you just tell us the document you submitted with your application and if you submitted different application form for you and your wife or you included everything in a form.Thanks

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Re: Does having Permanent Residence gives you a settled stat

Post by bahadar » Fri Dec 25, 2015 5:17 am

Abate86 wrote:I have already sent her a letter explaining my right under EU law. There are two things I'm looking at. (1) She may have mistaken my PR card application for ILR application. (2) Or believe that my wife cannot make FLR (m) application under the UK immigration law if I obtained my settlement under EU law. My reason for believing the latter is because I have been told several times by the customer service that my wife cannot apply for a spouse visa under UK immigration law because my PR was acquired under EU law. So, her decision is either a mistake or out of ignorance of the law. Anyway, her response to my letter will reveal the true fact about her decision. I'll keep you guys updated.
Hi Abate86,

If you don't mind can I please ask you a very small question regarding permanent residence card and new wife spouse visa....
If someone have PR through EU route after ROR then can he sponsor his new wife under EU law as you have mentioned in your post that you contacted HO regarding this issue ..

anxiously waiting for your reply

bahadar
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Re: Does having Permanent Residence gives you a settled stat

Post by bahadar » Fri Dec 25, 2015 5:20 am

bahadar wrote:
Abate86 wrote:I have already sent her a letter explaining my right under EU law. There are two things I'm looking at. (1) She may have mistaken my PR card application for ILR application. (2) Or believe that my wife cannot make FLR (m) application under the UK immigration law if I obtained my settlement under EU law. My reason for believing the latter is because I have been told several times by the customer service that my wife cannot apply for a spouse visa under UK immigration law because my PR was acquired under EU law. So, her decision is either a mistake or out of ignorance of the law. Anyway, her response to my letter will reveal the true fact about her decision. I'll keep you guys updated.
Hi Abate86,

If you don't mind can I please ask you a very small question regarding permanent residence card and new wife spouse visa....
If someone have PR through EU route after ROR then can he sponsor his new wife under EU law as you have mentioned in your post that you contacted HO regarding this issue ..


Is anyone there who can answer my questions which I have asked to Abate86 , would be much appreciated

pleaseeeeeeeeeeeeee
anxiously waiting for your reply

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