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applying for permanent residence

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

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eea_imm
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Joined: Mon Jan 08, 2018 11:27 am
France

applying for permanent residence

Post by eea_imm » Mon Jan 08, 2018 11:31 am

Hi,

I (EEA national) have been living and working in the UK for the last 5 years consecutively.

My parents (non EEA family members) joined me 3 years ago in the UK on EAA family permit and then they got residence card valid for 5 years.


1) Would it be wise for me to apply for the document certifying permanent residence to be on the safe side (even though it is going to become invalid after Brexit)?

2) Can I include my parents in that same application (or will they have to wait for another 2 years)?


Thanks.

GMB
Member
Posts: 177
Joined: Mon Jun 25, 2012 7:14 am
Location: London
United States of America

Re: applying for permanent residence

Post by GMB » Mon Jan 08, 2018 12:51 pm

eea_imm wrote:
Mon Jan 08, 2018 11:31 am
1) Would it be wise for me to apply for the document certifying permanent residence to be on the safe side (even though it is going to become invalid after Brexit)?
Yes. No one can be sure yet what final form Brexit will take (if it happens at all) so having a DCPR could be of great value to you in the future. For instance, one of the possible plans for providing EEA nationals "settled status documentation" after Brexit calls for all people with DCPRs being sent the new document automatically. At the very least, it's proof positive that you were in the UK prior to any possible Brexit cutoff date.
eea_imm wrote:
Mon Jan 08, 2018 11:31 am
2) Can I include my parents in that same application (or will they have to wait for another 2 years)?
No. The five years to achieve PR is non-negotiable and not subject to any discretion whatsoever. Their applications will be rejected outright on that point alone.

eea_imm
Newly Registered
Posts: 6
Joined: Mon Jan 08, 2018 11:27 am
France

Re: applying for permanent residence

Post by eea_imm » Mon Jan 08, 2018 1:00 pm

Thank your for your response.

I came to UK and started job in Dec 2012. I usually receive P60 in Apr/May every year.
So I have only 4 P60's received so far: (1) May 2013, (2) May 2014, (3) May 2015, (4) May 2016.
What exactly can I use as an alternative of the 5th one?

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 7:14 am
Location: London
United States of America

Re: applying for permanent residence

Post by GMB » Mon Jan 08, 2018 1:02 pm

Use your monthly (or whatever they are) payslips to cover the remaining period, and/or a letter from your HR department stating that you've been employed there full time from xx date to xx date.

eea_imm
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Posts: 6
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France

Re: applying for permanent residence

Post by eea_imm » Mon Jan 08, 2018 1:16 pm

Ok sure, I have all the monthly payslips, although they are send to me in email instead of post by my employer. So, I'll have to take the print outs. Will those print outs be considered legitimate?

Can I include my ex-wife in the application, showing the original foreign marriage certificate that we got at the time of marriage before our coming together to UK 5 years ago and not showing the UK divorce which took place a couple of years ago. We have reconciled and are now living together but have not remarried yet. I wonder what marital status will I mention in the application if I include her name or can the application be refused due to this confusion in our relationship's official status?

GMB
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Posts: 177
Joined: Mon Jun 25, 2012 7:14 am
Location: London
United States of America

Re: applying for permanent residence

Post by GMB » Tue Jan 09, 2018 9:08 am

eea_imm wrote:
Mon Jan 08, 2018 1:16 pm
Will those print outs be considered legitimate?
This was the case with my wife's company as well. I included a note that this is how the company does business now, and these are the only form available.
eea_imm wrote:
Mon Jan 08, 2018 1:16 pm
Can I include my ex-wife in the application, showing the original foreign marriage certificate that we got at the time of marriage before our coming together to UK 5 years ago and not showing the UK divorce which took place a couple of years ago. We have reconciled and are now living together but have not remarried yet. I wonder what marital status will I mention in the application if I include her name or can the application be refused due to this confusion in our relationship's official status?
Always tell the truth, even if you think it might work against you. If you're not qualified then you're not qualified. If you're caught lying (accidentally forgetting that you're divorced will be seen as lying), things will go downhill for you quickly. Include a letter explaining your situation as accurately as possible. If you're no longer married but still in a subsisting relationship, then you may have to apply as an Extended Family Member. But if you were married long enough, you might qualify for Retention of Rights.

eea_imm
Newly Registered
Posts: 6
Joined: Mon Jan 08, 2018 11:27 am
France

Re: applying for permanent residence

Post by eea_imm » Tue Jan 09, 2018 12:40 pm

Sure, I think I'll keep it simple and just apply for myself without including anyone else and that's it.

GMB
Member
Posts: 177
Joined: Mon Jun 25, 2012 7:14 am
Location: London
United States of America

Re: applying for permanent residence

Post by GMB » Tue Jan 09, 2018 1:39 pm

Sorry, I forget you are the EEA national and not the family member. So she could apply as an EFM, but there's also a chance she has retained her right of residence. The current rules on that are here:
https://www.gov.uk/government/uploads/s ... e-v3_0.pdf

eea_imm
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Joined: Mon Jan 08, 2018 11:27 am
France

Re: applying for permanent residence

Post by eea_imm » Tue Jan 09, 2018 2:36 pm

She is also an EEA national and came with me as EEA family member 5 years ago, whereas my parents are non EEA nationals and came 3 years ago. I've been the one exercising treaty rights throughout by doing job.

kaffuk
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Re: applying for permanent residence

Post by kaffuk » Tue Jan 09, 2018 2:41 pm

eea_imm wrote:
Mon Jan 08, 2018 1:00 pm
Thank your for your response.

I came to UK and started job in Dec 2012. I usually receive P60 in Apr/May every year.
So I have only 4 P60's received so far: (1) May 2013, (2) May 2014, (3) May 2015, (4) May 2016.
What exactly can I use as an alternative of the 5th one?
Contact HMRC at this address and ask for a document that certifies your job records. they will provide this document within 28 days.

https://www.gov.uk/get-proof-employment-history

eea_imm
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Posts: 6
Joined: Mon Jan 08, 2018 11:27 am
France

Re: applying for permanent residence

Post by eea_imm » Tue Jan 09, 2018 2:49 pm

kaffuk wrote:
Tue Jan 09, 2018 2:41 pm
eea_imm wrote:
Mon Jan 08, 2018 1:00 pm
Thank your for your response.

I came to UK and started job in Dec 2012. I usually receive P60 in Apr/May every year.
So I have only 4 P60's received so far: (1) May 2013, (2) May 2014, (3) May 2015, (4) May 2016.
What exactly can I use as an alternative of the 5th one?
Contact HMRC at this address and ask for a document that certifies your job records. they will provide this document within 28 days.

https://www.gov.uk/get-proof-employment-history
I am not sure if I should go that route. I have payslips of each and every month. So, I'll just include monthly pay slips for the remaining months since May 2016 up until now because there is no P60 issued yet for this year. I have also asked my employer to write a To Whom It May Concern letter confirming that I have been employed during all this time. These things should be sufficient evidence I think.

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