Permanent Residence Card: Subject to Immigration Control?

Permanent Residence Card Confusing: Am I Subject to immigration control?

I have permanent residence card issued January this year. I just separated from my EEA partner
Can I claim housing benefit?
Am I Subject to immigration control?

No, you are not subject to immigration control anymore.

Adulteress wrote:Permanent Residence Card Confusing: Am I Subject to immigration control?

I have permanent residence card issued January this year. I just separated from my EEA partner
Can I claim housing benefit?
Am I Subject to immigration control?

you are not subject to any Immigration control

the benefit information I looked at says: without time limit on stay in the united kingdom
but my permit is only valid for ten years.. even though they wrote: no restrictions to activities in the united kingdom.

You have PR status. The fact that the PR permit is only valid for 10 years is irrelevant.

You are entitled to claim any benefit that your circumstances dictate you are entitled to.

86ti wrote:No, you are not subject to immigration control anymore.

Family members of EEA citizens are never "subject to immigration control", and so, for example, do not need to apply for permission to marry.

Hi everyone

Please can you help me. I am a South African citizen and moved to the UK 10 years ago under the influence of the EEA National, being my husband.

We are going to be going through a seperation and I have a 10 year RP endorsement in my passport, both me and my 10 year old son.

My queestion is can they deport me? Secondly can I still claim Child Tax credits and child benefit even though we are seperated? Also what must I do now that will help me stay in the UK? Can they ask me to leave?

I am so worried about this, just for the record I do work full time

KC80 wrote:Hi everyone

Please can you help me. I am a South African citizen and moved to the UK 10 years ago under the influence of the EEA National, being my husband.

We are going to be going through a seperation and I have a 10 year RP endorsement in my passport, both me and my 10 year old son.

KC80 wrote:My queestion is can they deport me?

No.

KC80 wrote:Secondly can I still claim Child Tax credits and child benefit even though we are seperated?

Yes.

KC80 wrote:Also what must I do now that will help me stay in the UK?

Apply for naturalization.

KC80 wrote:Can they ask me to leave?

No.

thank you so much for your reply!! Is applying for naturilisation the same as British Citizenship?

KC80 wrote:thank you so much for your reply!! Is applying for naturilisation the same as British Citizenship?

Yes, you naturalise to become a british citizen.

OK thanks - meaning that I will get a British Passport in simple terms?

Pity that I have to pay £735 to apply

KC80 wrote:OK thanks - meaning that I will get a British Passport in simple terms?

Pity that I have to pay £735 to apply

Pity? Dont pay then, nobody force you to become Brit. Many people would pay 20 times more and be happy.

Dont really like your post......it was a general comment - for the record love I am happy - maybe you should learn some grammar

Right I have to now renew my SA passports that expire in February 2011 which is fine but do I need to transfer my RP to the New passports? In order to transfer your RP to the new passport a brand new application must be made (EEA4) and they ask what relationship is the EEA national to you, however I will be seperated, does this then hinder my right to reside in the country?

I have also read somewhere that if you travel with your old passport and your new one and the RP is in the old passport the Customs officer can deny you entry back into the UK!

Any advice would be appreciated

I am slightly confused. What is the exact nature of what you call 10 years RP? The law has changed in 2006 and now, based on the marriage to an EEA national, the non-EEA national spouse would first get a residence card and after 5 years of continuous residence in accordance to the EEA Regulations of that year would obtain permanent residence. I wonder how the transitional provisions would apply to you.

Ok, looks like your RP should be treated as a permanent residence card. If so then your case would be an 'extension' case of a PR card. Actually that' would be the first one I have ever encountered.

The important point is that you would have obtained PR in your own right making your status effectively independent of your partner. This further means that you would not have to include any information from him. To be honest, I do not know what exactly they will want to see. PR is only lost after absences of more than two years. No other conditions.

Hi there thank you for your reply

I have to apologise I have PR (Permanent Residence) endorsement in my passport - I have been here for 10 years married to the EEA National.

My question is that I need to renew my SA Passports but the PR endorsement is in the old passport - in order to have the PR endorsement transferred, I need to make a brand new application for a PR endorsement, would I get this this refused seeing as though I would be seperated from the EEA National?

If your endorsement is the equivalent of a permanent residence card under EEA regulations 2006 (and the link above seems to indicate so) then your current status is independent from your partner. You should not need anything from him for application and you should not be refused if you have not been away for longer than two years. Actually, I believe that form EEA4 is not the correct one but another form obviously doesn't exist. My best advice is to call the EEA team in Liverpool and ask what they have to say.

Hi there

Just been onto the UK Border Agency website and form EEA4 is for Non - EEA nationals as myself. I have checked application form and they asking about my 5 years in the UK and not the EEA National so I should on that basis be ok to renew. This is what is stated on the form when it asks about the EEA National:

'There is no requirement for your EEA or Swiss family member to apply for permanent residence and we can decide your case without him or her applying. However, we must receive evidence of his/her identity, eg passport or identity card'

Question answered

Thank you

KC80 wrote:'There is no requirement for your EEA or Swiss family member to apply for permanent residence and we can decide your case without him or her applying. However, we must receive evidence of his/her identity, eg passport or identity card'

Question answered

Sorry, no. I believe it is not. All your information comes from an application form (not the law) that assumes first time application for PR but I believe your application is effectively a second time application. You are not applying for having your permanent residence confirmed (because it looks like you already have it) but rather for having your PR renewed. That's an entirely different situation but much easier (in theory at least).

The quote above does not mean what you believe it does. If your current status is as I suspect it is you totally misunderstand your situation.

NO you have it all wrong I am afraid. I am not applying to have my PR renewed I am applying for it to be transferred into my new Passport...

I already have PR by being in the country for 5 years etc.. etc......

My initial question was if I need to transfer my PR card to my new passport the authorities require a brand new application! My problem is I will be seperated, would my PR still be granted on this basis...

You can apply for a transfer of condition where you have to pay a fee, or simply submit your expired passport with pr and the new one with a covering letter asking the HO to confirm your status. Not sure which one is more relevant to you but try the free of charge option first

You are not reading what I am writing. If you already have PR confirmed (that's the curical bit here) by HO either through application or automatically as the transitional provisions seem to suggest (please go and read this link) then your separation is totally irrelevant. (And anyway, as long as you are not divorced you would continue to be a family member.) Does your card have an expiry date?

The big question is, however, if the card that you have does indeed mean 'implict' confirmation of this right. If not you'll need to have your PR confirmed first and for that the UKBA will ask for proof of your husband exercising treaty rights for a period of five years (with all documentation including proof of identity).

There is no such thing as transferal per se. That would be handled through a fresh new application. And it is perfectly possibly to use two passports, at least in the eyes of the UK.

Guerro wrote:You can apply for a transfer of condition where you have to pay a fee

Can you back this up? On the EEA route you simply reapply. Already having PR confirmed is somewhat of a special case.