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Non EU family member PR application

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

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tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Non EU family member PR application

Post by tweety0211 » Sat Nov 10, 2018 7:55 pm

Hello everyone.
Please can someone shed some light in regards to what documents to send for my PR.
I am non EU citizen married to EU citizen in October 2012. I got my Residence Card in February 2013. My husband had his Permanent Residence confirmed last year. He acquired his Permanent residence in November 2011. My Residence Card expired last February, but I had no problem at whatsoever traveling alone or with my husband (last trip was last month).
Our employers want us to apply for Permanent residence as they are worried because Brexit, and our company legal team told us we must pass the English language test and Life in the UK test (my husband didn't do any of these when he applied for PR). Have the rules changed since last August and now we must have tests passed in order to get PR?
I have filled in the form, which was easy. Now, the only thing I need clarification is do I send my own documents confirming that I exercised my rights or I send my husband documents? What do I send considering that he has PR already?

Thank you all in advance.

User avatar
mamalicious187
Junior Member
Posts: 75
Joined: Tue Mar 27, 2018 1:41 pm
Gibraltar

Re: Non EU family member PR application

Post by mamalicious187 » Sun Nov 11, 2018 4:39 pm

tweety0211 wrote:
Sat Nov 10, 2018 7:55 pm
Hello everyone.
Please can someone shed some light in regards to what documents to send for my PR.
I am non EU citizen married to EU citizen in October 2012. I got my Residence Card in February 2013. My husband had his Permanent Residence confirmed last year. He acquired his Permanent residence in November 2011. My Residence Card expired last February, but I had no problem at whatsoever traveling alone or with my husband (last trip was last month).
Our employers want us to apply for Permanent residence as they are worried because Brexit, and our company legal team told us we must pass the English language test and Life in the UK test (my husband didn't do any of these when he applied for PR). Have the rules changed since last August and now we must have tests passed in order to get PR?
I have filled in the form, which was easy. Now, the only thing I need clarification is do I send my own documents confirming that I exercised my rights or I send my husband documents? What do I send considering that he has PR already?

Thank you all in advance.
You do not have any treaty rights to exercise as you are not an European or QP

You do not need any tests to submit an application for PR

tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Re: Non EU family member PR application

Post by tweety0211 » Mon Nov 12, 2018 9:19 am

Do I submit only my husband's documents? Or only his PR card?

askmeplz82
Diamond Member
Posts: 1743
Joined: Wed Jun 13, 2012 12:47 pm

Re: Non EU family member PR application

Post by askmeplz82 » Wed Nov 14, 2018 3:24 pm

Only his PR CARD ..

" My Residence Card expired last February, but I had no problem at whatsoever traveling alone"

How did you travel with EXPIRED RC ? Border force ? Airlines didn't ask you any question. How did you even board the plane
UK Student Visa : 04/2004 - 09/2009
EEA Residence Card : 07/2010 - 7/2015
EU Settled Status: Confirmed on 16th July 2019
Naturalisation : Confirmed on 02nd Oct 2020
Passport Approval : 21st Feb 2021

tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Re: Non EU family member PR application

Post by tweety0211 » Wed Nov 14, 2018 5:39 pm

I was asked only once by airline crew, just before boarding, and I told them that i did not require any document to travel to the UK as I was married to EU citizen and living jn the UK. Lady started arguing and I told her she didn’t know the law. When arrived to the UK, I was told not to queue in Non-EU queue but in EU. Once they asked for my RC, which even then was expired, they scanned it and gave it back. After that I was 5 times in and out of the UK, and didn’t even bother to give them my old passport with expired RC in it. Just gave them my passport and they welcomed me back to the UK.

aarontran2506
Newly Registered
Posts: 17
Joined: Wed Jun 06, 2018 6:13 pm
Vietnam

Re: Non EU family member PR application

Post by aarontran2506 » Wed Nov 14, 2018 5:58 pm

tweety0211 wrote:
Wed Nov 14, 2018 5:39 pm
I was asked only once by airline crew, just before boarding, and I told them that i did not require any document to travel to the UK as I was married to EU citizen and living jn the UK. Lady started arguing and I told her she didn’t know the law. When arrived to the UK, I was told not to queue in Non-EU queue but in EU. Once they asked for my RC, which even then was expired, they scanned it and gave it back. After that I was 5 times in and out of the UK, and didn’t even bother to give them my old passport with expired RC in it. Just gave them my passport and they welcomed me back to the UK.
Sorry maybe out of topic but I am very interested in this. I understand that the UK Border Agency didn't mind the expired RC because they know you still have your status confirmed, the residency right doesn't "expire" like the RC. However, this part "didn’t even bother to give them my old passport with expired RC in it. Just gave them my passport and they welcomed me back to the UK." You mean you didn't even give them the expired RC? Just the non-EU passport and the border agency was fine?

tweety0211
Newbie
Posts: 37
Joined: Sun Jan 20, 2013 6:54 pm

Re: Non EU family member PR application

Post by tweety0211 » Wed Nov 14, 2018 6:52 pm

Exactly that. Only once I was asked about my RC. They immigration officer asked if it was in my old passport. I said yes and then gave it back to him. He looked at it, scanned it and gave both passports back to me. On the other occasions i decided i’d only give them my old passport if asked. No one asked. They only asked how long i was living here, is my husband traveling with me..,in general, question or two about my life in the UK. That’s all.

aarontran2506
Newly Registered
Posts: 17
Joined: Wed Jun 06, 2018 6:13 pm
Vietnam

Re: Non EU family member PR application

Post by aarontran2506 » Wed Nov 14, 2018 7:42 pm

tweety0211 wrote:
Wed Nov 14, 2018 6:52 pm
Exactly that. Only once I was asked about my RC. They immigration officer asked if it was in my old passport. I said yes and then gave it back to him. He looked at it, scanned it and gave both passports back to me. On the other occasions i decided i’d only give them my old passport if asked. No one asked. They only asked how long i was living here, is my husband traveling with me..,in general, question or two about my life in the UK. That’s all.
This is incredible. I can't imagine how they can figure out you are an EU family member with just your passport and without looking at your RC. Nor that I understand how for 5 times airline staff argued with you and about the law and willing accepted their loss of argument. Just incredible. Airline staff whom I met are ready at any moment to decline boarding unless they are totally satisfied I can legally enter the country.

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