ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Permanent resident and travelling

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

Locked
olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

Permanent resident and travelling

Post by olujay25 » Mon Oct 24, 2011 5:47 pm

Hello everyone,
Just one question please. As i got a permanent resident now do I still need to carry any document to show as treaty rights when passing through immigration on way back from holiday apart from my passport. Got PR based on retained right of residence.

ngueda2009
Junior Member
Posts: 81
Joined: Tue Dec 29, 2009 5:08 am

Re: Permanent resident and travelling

Post by ngueda2009 » Mon Oct 24, 2011 6:24 pm

you shouldn't have a problem at all i travelled after obtaining my pr after retention of rights without problem.
saying that why haven't you apply for bc yet as i remember your case and i think you should have been bc by now. i was granted pr after you and i am already bc

olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

Post by olujay25 » Mon Oct 24, 2011 7:36 pm

Thanks for your response, my PR wasn't granted till January this year cos application was refused and I had to appeal. After it was granted I rang if I can apply for BC based on years as a spouse but they said no cos as I am now divorced and PR was granted base on retention of rights so they said not till January next year not long now so it's still alright only asking question cos I am planing to go to Africa over Xmas.

ngueda2009
Junior Member
Posts: 81
Joined: Tue Dec 29, 2009 5:08 am

Post by ngueda2009 » Mon Oct 24, 2011 7:59 pm

again it is ok to travel i went to africa as soon as i was granted pr again i was granted on the basis of retention in january of this year and i am already bc since june i think you should wait till january since there is only two months left. you are ok travelling.

olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

Post by olujay25 » Mon Oct 24, 2011 8:20 pm

Thank you bro.

Mrfantastic
Newly Registered
Posts: 28
Joined: Thu Jan 13, 2011 7:13 am
Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Tue Oct 25, 2011 7:32 pm

ngueda2009 wrote:again it is ok to travel i went to africa as soon as i was granted pr again i was granted on the basis of retention in january of this year and i am already bc since june i think you should wait till january since there is only two months left. you are ok travelling.

hello nqueda2009 just got a question, if you are granted pr based on retention of right of residence, do you have to wait 1year from the date the pr was issued before applying for bc or you can just apply 6years after wedding anniversary even though you are no longer family member of eea national? thanks mate

ngueda2009
Junior Member
Posts: 81
Joined: Tue Dec 29, 2009 5:08 am

Post by ngueda2009 » Tue Oct 25, 2011 8:00 pm

yes you can apply for bc providing that you can show that the eea citizen was exercising treaties rights up till the divorce and that you was at least exercising the treaty up till the time of the time of confirmation of your pr.
as for the bc the clock start ticking from the time of the marriage and the time where the eea exercise his treaty rights you have to count 6 years.
read my story and you will have more details about it.
thanks

Mrfantastic
Newly Registered
Posts: 28
Joined: Thu Jan 13, 2011 7:13 am
Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Tue Oct 25, 2011 8:33 pm

ngueda2009 wrote:yes you can apply for bc providing that you can show that the eea citizen was exercising treaties rights up till the divorce and that you was at least exercising the treaty up till the time of the time of confirmation of your pr.
as for the bc the clock start ticking from the time of the marriage and the time where the eea exercise his treaty rights you have to count 6 years.
read my story and you will have more details about it.
thanks
thanks for your prompt reply but i wouldn't think one can apply based on the date of marriage to an eea national after divorce as you are no longer recognised as a family member of an eea national. there was a scenario a guy tried to apply for british citizen through ncs after getting his pr, he applied on the 6th year of his wedding anniversary to an eea national but because the pr was granted based on retention of right the ncs lady said he cannot apply because he is no longer a family member of an eea national therefore he has to wait 1year from the date the pr was issued, is this true?

ngueda2009
Junior Member
Posts: 81
Joined: Tue Dec 29, 2009 5:08 am

Post by ngueda2009 » Tue Oct 25, 2011 9:04 pm

i do not know why he went through the ncs . like i said read my story with me it did work also i used the solicitor at some point so i do not know why the ncs did not allowed the guy to apply i strongly believe it is possible to apply and be successful in fact the guy that recommend me to my solicitoris also a member of this forum and with had similar situation and we were both successful

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Tue Oct 25, 2011 9:14 pm

Mrfantastic wrote: thanks for your prompt reply but i wouldn't think one can apply based on the date of marriage to an eea national after divorce as you are no longer recognised as a family member of an eea national. there was a scenario a guy tried to apply for british citizen through ncs after getting his pr, he applied on the 6th year of his wedding anniversary to an eea national but because the pr was granted based on retention of right the ncs lady said he cannot apply because he is no longer a family member of an eea national therefore he has to wait 1year from the date the pr was issued, is this true?
That cannot be right.You are required to show evidence of 5 years lawful residence and 1 year residence as a PR holder.

If a person can show they resided for 5 years in accordance with the EEA regulation, which includes as a family member and as a former family member who has retained their right of residence, as this is provided for in Regulation 15(1f) then i see no reason why NCS will reject it, when it is counted towards the qualifying period for PR.

And by the way, Olu you are fine to travel, and on your return, checks will only be centered on whether you are the holder of the PR and you have not been away for two years.
Smooth seas do not make skilful sailors

Mrfantastic
Newly Registered
Posts: 28
Joined: Thu Jan 13, 2011 7:13 am
Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Wed Oct 26, 2011 6:19 am

Obie wrote:
Mrfantastic wrote: thanks for your prompt reply but i wouldn't think one can apply based on the date of marriage to an eea national after divorce as you are no longer recognised as a family member of an eea national. there was a scenario a guy tried to apply for british citizen through ncs after getting his pr, he applied on the 6th year of his wedding anniversary to an eea national but because the pr was granted based on retention of right the ncs lady said he cannot apply because he is no longer a family member of an eea national therefore he has to wait 1year from the date the pr was issued, is this true?
That cannot be right.You are required to show evidence of 5 years lawful residence and 1 year residence as a PR holder.

If a person can show they resided for 5 years in accordance with the EEA regulation, which includes as a family member and as a former family member who has retained their right of residence, as this is provided for in Regulation 15(1f) then i see no reason why NCS will reject it, when it is counted towards the qualifying period for PR.

And by the way, Olu you are fine to travel, and on your return, checks will only be centered on whether you are the holder of the PR and you have not been away for two years.
Thats what i thought, thanks for the clarification obie, much appreciated

olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

Post by olujay25 » Wed Oct 26, 2011 10:16 pm

Thanks Obie for the response.
I encounter same problem, response both from UKBA nationality customer service and NCS in my area they both said since i have divorced my EU national i have to wait a year after PR was issued before i can apply for nationality.

Mrfantastic
Newly Registered
Posts: 28
Joined: Thu Jan 13, 2011 7:13 am
Location: LONDON UNITED KINGDOM

Post by Mrfantastic » Thu Oct 27, 2011 9:21 am

olujay25 wrote:Thanks Obie for the response.
I encounter same problem, response both from UKBA nationality customer service and NCS in my area they both said since i have divorced my EU national i have to wait a year after PR was issued before i can apply for nationality.
That shouldn't be the case as i thought when you retain your right of residence u are considered independent and therefore after 5years one can apply for pr confirmation, if ukba 'eea department' can accept an application after 5years being family member of an eea national/as someone who retains his/her right of residence towards completing the 5years period then the ukba 'British citizenship department' should accept that fact aswell. and for the ncs people i really dont think most of them are well trained anyway.

olujay25
Junior Member
Posts: 71
Joined: Mon Jan 25, 2010 3:52 pm
Location: UK

Post by olujay25 » Tue Nov 01, 2011 10:45 am

The people doing the checks(NCS) are just council workers who had about a day training and the UKBA has different rules for different department so I will just wait its not long only two months away.
Thanks though for your response.

Locked
cron